In Re Settoon Towing, LLC

Filing 596

JUDGMENT under Rule 54(b) in favor of defendant and plaintiff-in-counterclaim, Settoon Towing, LLC, and against plaintiff and defendant-in-counterclaim, State National Insurance Company. Further Ordered that judgment is in favor of plaintiffs and def endants-in-counterclaim, New York Marine and General Insurance Company and Federal Insurance Company, and third-party defendant, St. Paul Fire and Marine Insurance Company, and against defendant, plaintiff-in-counterclaim, and third-party plaintiff, Settoon Towing, LLC. Signed by Judge Mary Ann Vial Lemmon.(Reference: Both Cases)(ecm, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

STATE NATIONAL INSURANCE
COMPANY, ET AL.

CIVIL ACTION

VERSUS

NO: 07-1263 C/W 074230

SETTOON TOWING, LLC, ET AL.

SECTION: "S" (4)

RULE 54(b) JUDGMENT
Considering the court's Order and Reasons entered on September 23, 2011, (Doc. #559):
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, that there be judgment in
favor of defendant and plaintiff-in-counterclaim, Settoon Towing, LLC, and against plaintiff and
defendant-in-counterclaim, State National Insurance Company, holding that State National Insurance
Company cannot rely upon the exclusions in the first bumbershoot layer marine insurance policy
because it did not timely issue the policy to Settoon Towing, LLC.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that there by judgment in
favor of plaintiffs and defendants-in-counterclaim, New York Marine and General Insurance
Company and Federal Insurance Company, and third-party defendant, St. Paul Fire and Marine
Insurance Company, and against defendant, plaintiff-in-counterclaim, and third-party plaintiff,
Settoon Towing, LLC, holding that the second and third bumbershoot layer marine insurance
policies exclude pollution coverage, and Settoon Towing, LLC did not comply with the conditions
set forth in the sudden and accidental pollution buyback endorsements.

Having made an express determination that there is no just reason for delay, the court
certifies this judgment as a final judgment under the provisions of Rule 54(b) of the Federal Rules
of Civil Procedure.

7th
New Orleans, Louisiana, this _____ day of November, 2011.

____________________________________
MARY ANN VIAL LEMMON
UNITED STATES DISTRICT JUDGE

2