National Union Fire Insurance Company of Pittsburgh, PA v. Intrawest ULC et al

Filing 675

Order. ORDERED that Federal and Continental's Motion to Renew Joinders in Intrawest's Motion for Summary Judgment 523 and Motion to Revive Same 640 is DENIED. Signed by Judge Philip A. Brimmer on 01/15/16.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 13-cv-00079-PAB-KMT
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA,
Plaintiff and Intervenor Defendant
v.
INTRAWEST ULC f/k/a Intrawest Corporation,
FEDERAL INSURANCE COMPANY,
NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and
CONTINENTAL CASUALTY COMPANY,
Defendants,
INTRAWEST ULC f/k/a INTRAWEST CORPORATION,
Third Party Plaintiff,
v.
WILLIS NORTH AMERICA, INC. f/k/a Willis Corroon Corporation,
WILLIS OF NEW YORK, INC.,
WILLIS INSURANCE BROKERAGE OF UTAH, INC.,
WILLIS OF NEW JERSEY, INC.,
WILLIS CONSTRUCTION SERVICES CORPORATION OF NEW JERSEY f/k/a Willis
Corroon Construction Services Corporation of New Jersey,
WILLIS CORROON CONSTRUCTION SERVICES CORPORATION OF
CONNECTICUT,
WILLIS CORROON CONSTRUCTION SERVICES CORPORATION,
WILLIS OF NEW HAMPSHIRE, INC. f/k/a Willis Corroon Corporation of New
Hampshire,
WILLIS OF MASSACHUSETTS, INC., and
JOHN DOE WILLIS ENTITY,
Third Party Defendants
v.
INTRAWEST U.S. HOLDINGS INC.,
INTRAWEST RESORTS, INC., UPPER BENCH DEVELOPMENT CORPORATION,
INTRAWEST CALIFORNIA HOLDINGS, INC.,

SIERRA STAR THREE DEVELOPMENT CORPORATION,
THE STRATTON CORPORATION, and
INTRAWEST STRATTON DEVELOPMENT CORPORATION,
Intervenor Plaintiffs.

ORDER

This matter is before the Court on Defendant and Counter-Claimant Federal
Insurance Company (“Federal”) and Defendants Continental Casualty Company and
National Fire Insurance Company of Hartford’s (collectively, “Continental”) Motion to
Renew Joinders in Intrawest’s Motion for Summary Judgment [ECF No. 523] and
Motion to Revive Same [Docket No. 640].
On October 9, 2015, Intrawest moved for partial summary judgment on the issue
of the aggregate coverage limits on the National Union policies at issue in this case.
Docket No. 523. On November 2, 2015, Federal filed its own motion for partial
summary judgment on the same issue. Docket No. 556. Federal’s motion stated that it
was joining Intrawest’s motion for partial summary judgment. Id. On October 30, 2015,
Continental filed a joinder in Intrawest’s and Federal’s motions for partial summary
judgment on the issue of aggregate coverage limits. Docket No. 550.
On December 16, 2015, National Union and Intrawest filed a notice of settlement
between National Union and Intrawest, in which Intrawest withdrew its motion for partial
summary judgment [Docket No. 523] on the issue of aggregate coverage limits. Docket
No. 630. Federal and Continental request that “Intrawest’s motion go forward based
upon their respective joinders.” Docket No. 640 at 3. National Union opposes any such

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renewal or revival of Intrawest’s motion. Docket No. 646 at 2. National Union states
that Federal and Continental will not suffer any prejudice from denial of the instant
motion because Federal filed a motion making the same arguments as Intrawest’s
motion, which Continental joined. Id.
The Court agrees with National Union. Federal and Continental have stated their
positions and made their arguments regarding the aggregate policy limits in Federal’s
motion for partial summary judgment, which is pending before the Court. See Docket
Nos. 556, 550. Federal and Continental do not identif y any arguments unique to
Intrawest’s motion, nor any prejudice that will result if this motion is denied. For the
foregoing reasons, it is
ORDERED that Federal and Continental’s Motion to Renew Joinders in
Intrawest’s Motion for Summary Judgment [ECF No. 523] and Motion to Revive Same
[Docket No. 640] is DENIED.
DATED January 15, 2016.

BY THE COURT:
s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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