Bituminous Casualty Corporation v. Trinity Universal Insurance of Kansas

Filing 106

ORDER of Dismissal as to Third-Party Defendant, Axis Surplus Insurance Company Only. The Stipulated Motion For Dismissal With Prejudice of TrinityUniversal Insurance Company of Kansas' Third Party Complaint Against AxisSurplus Insurance Company, Only [# 105 ] is GRANTED. Trinity Universal Insurance Company of Kansas' Third Party Complaint against third-party defendant, Axis Surplus Insurance Company, is DISMISSED WITH PREJUDICE with each of the affected parties to pay its own attorney fees and costs. Any motion filed on behalf of third-party defendant, Axis Surplus Insurance Company, is DENIED as moot. Third-party defendant, Axis Surplus Insurance Company, is DROPPED as a named party to this action, and the case caption is amended accordingly. By Judge Robert E. Blackburn on 9/3/2013.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 12-cv-01802-REB-KLM
BITUMINOUS CASUALTY CORPORATION, an Illinois corporation,
Plaintiff,
v.
TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, a Kansas corporation,
Defendant and Third-Party Plaintiff,
v.
AUTO-OWNERS INSURANCE COMPANY, a Michigan corporation,
AXIS SURPLUS INSURANCE COMPANY, an Illinois corporation, and
OWNERS INSURANCE COMPANY, an Ohio corporation,
Third-Party Defendants.

ORDER OF DISMISSAL AS TO THIRD-PARTY DEFENDANT,
AXIS SURPLUS INSURANCE COMPANY, ONLY
Blackburn, J.
The matter is before me on the Stipulated Motion For Dismissal With
Prejudice of Trinity Universal Insurance Company of Kansas’ Third Party
Complaint Against Axis Surplus Insurance Company, Only [#105]1 filed August 29,
2013. After reviewing the motion and the record, I conclude that the motion should be
granted and that the Third Party Complaint of Trinity Universal Insurance Company of
Kansas against third-party defendant, Axis Surplus Insurance Company, should be

1

“[#105]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s electronic case filing and management system (CM/ECF). I use this
convention throughout this order.

dismissed with prejudice with each party to bear its own attorney fees and costs.
THEREFORE, IT IS ORDERED as follows:
1. That the Stipulated Motion For Dismissal With Prejudice of Trinity
Universal Insurance Company of Kansas’ Third Party Complaint Against Axis
Surplus Insurance Company, Only [#105] filed August 29, 2013, is GRANTED;
2. That Trinity Universal Insurance Company of Kansas’ Third Party Complaint
against third-party defendant, Axis Surplus Insurance Company, is DISMISSED WITH
PREJUDICE with each of the affected parties to pay its own attorney fees and costs;
and
3. That any motion filed on behalf of third-party defendant, Axis Surplus
Insurance Company, is DENIED as moot; and
4. That third-party defendant, Axis Surplus Insurance Company, is DROPPED
as a named party to this action, and the case caption is amended accordingly.
Dated September 3, 2013, at Denver, Colorado.
BY THE COURT:

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