Travelers Home and Marine Insurance Company v. Central Mutual Insurance Company

Filing 15

JUDGMENT re 14 : Defendant shall reimburse the Plaintiff the amount of $158,333.00, for the difference between the amount the Plaintiff actually contributed to settlement of the Timm Action and the amount that the Plaintiff properly should have contributed to the settlement. Plaintiff is awarded its costs to be taxed upon the filing of a Bill of Costs pursuant to D.C.COLO.LCivR 54.1, by Clerk on 10/2/2014. (jsmit)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 14-cv-02028-RPM
TRAVELERS HOME AND MARINE INSURANCE COMPANY,
Plaintiff,
v.
CENTRAL MUTUAL INSURANCE COMPANY,
Defendant.

JUDGMENT

Pursuant to the Order granting summary judgment in favor of Plaintiff Travelers Home
and Marine Insurance Company, entered by Judge Richard P. Matsch on October 2, 2014, it is
ORDERED AND ADJUDGED that with respect to duties of Plaintiff Travelers Home
and Marine Insurance Company and Defendant Central Mutual Insurance Company to defend
and indemnify Winston Howe (“Howe”) in the action captioned Gary W. Timm vs. Winston A.
Howe, in the Superior Court for the State of Alaska, Third Judicial District at Kenai, Case
Number: 3KN-13-462 Civil (“the Timm Action”), the coverage provided by the automobile
insurance policy issued by Plaintiff Travelers Home and Marine Insurance Company to Howe is
excess to the coverage provided by the automobile insurance policy issued by Defendant Central
Mutual Insurance Company to Walter Pawlowski; and it is
ORDERED that the Defendant shall reimburse the Plaintiff the amount of $158,333.00,
for the difference between the amount the Plaintiff actually contributed to settlement of the

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Timm Action and the amount that the Plaintiff properly should have contributed to the
settlement, and it is
FURTHER ORDERED that the Plaintiff is awarded its costs to be taxed upon the filing
of a Bill of Costs pursuant to D.C.COLO.LCivR 54.1.
Dated: October 2, 2014
FOR THE COURT:
JEFFREY P. COLWELL, CLERK OF THE COURT
s/M. V. Wentz
By:__________________________
Deputy Clerk

APPROVED:
s/Richard P. Matsch

Richard P. Matsch, Senior District Judge

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