Certain Underwriters at Lloyd's, London v. Columbus Business Center, LLC et al

Filing 33

AGREED ORDER DISMISSING CASE. This CASE is CLOSED. Signed by District Judge Sharion Aycock on 7/26/2017. (dbm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
CERTAIN UNDERWRITERS AT LLOYD’S, LONDON
v.

PLAINTIFFS
CAUSE NO. 1:17-CV-00041-SA-DAS

COLUMBUS BUSINESS CENTER, LLC,
TITAN EXTERIORS, INC. d/b/a TITANROOF,
HOPE FEDERAL CREDIT UNION, and
BYLINE BANCORP INC.

DEFENDANTS

______________________________________________________________________________
AGREED ORDER OF DISTRIBUTION AND DISMISSAL
______________________________________________________________________________
This matter comes before this Court based on the agreement of the parties remaining in
the litigation1 (sometimes collectively as “Parties”), Certain Underwriters at Lloyd’s, London
(herein “Underwriters”), Titan Exteriors, Inc. dba Titan Roof (herein “Titan”), Byline Bancorp,
Inc., a successor in interest to Ridgestone Bank (herein “Byline”), and Columbus Business
Center, LLC (herein “Columbus”) and in accordance with this Agreed Order of Distribution and
Dismissal:
Underwriters issued policy number 002832/1300 with effective dates of coverage from
August 30, 2013 to August 30, 2014 to Columbus (the “Policy”), insuring property located at
133 Yorkville Road East, Columbus, MS 39702 (“Property”). Based on Underwriters’
investigation and review of the relevant facts, the Policy, and the applicable law, Underwriters
advised Columbus on or about November 11, 2016 that there was coverage for observed hailrelated damage that occurred during the Policy Period (subject to any applicable deductible(s)
and allocation). Underwriters further advised Columbus that Underwriters disagreed with

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The Clerk of the Court entered default against Defendant Hope Federal Credit Union (“Hope Federal”)
on June 13, 2017. On June 20, 2017, counsel for Hope Federal submitted to the Court an Agreed Order
Dismissing Hope Federal Credit Union.

3293168.1.19918.62324

TitanRoof’s scope of damage, scope of repair and the pricing associated with such repairs and
reserved their right to adjust and measure the covered portion of the loss pursuant to the terms
and conditions of the Policy and any applicable law.
Based on Underwriters’ investigation and review of the relevant facts and the Policy,
Underwriters notified Columbus on March 15, 2017 that Underwriters will issue payment in the
amount of $1,217,545.60, representing the amount calculated by Underwriters as the actual cash
value for the damage to Buildings A-F at the Property resulting from an April 28, 2014 weather
event or a June 10, 2014 weather event (herein “Funds”). Underwriters and Columbus disagree
as to the full amount owed under the Policy and thus all rights, claims and defenses under the
Policy are reserved and such rights, claims and defenses are not affected by this Order beyond
claims for, or the distribution of, the Funds which are the subject of this Order.
Columbus, Titan, and Byline have all asserted claims to entitlement of the Funds.
Accordingly, and based upon a reasonable fear of liability for the wrongful distribution of the
Funds, Underwriters filed the present Complaint for Interpleader on March 15, 2017. Therein,
Underwriters disclaimed interest to the Funds and asked this Court to adjudicate the conflicting
claims to the Funds and determine the lawful claimants and the amount due each such claimant.
The Parties desire to fully and finally settle Columbus, Titan and Byline’s asserted claims
of entitlement to the Funds, as well as any and all claims, controversies or disputes the Parties
have or may have between them arising from, relating to or connected with the distribution of the
Funds. Columbus, Titan and Byline have agreed and consented to the following distribution of
the Funds by Underwriters: (1) $1,095,791.04 made payable to “Byline Bank” and delivered to
Edmond M. Burke, Chuhak & Tecson, P.C., 30 S. Wacker Dr., Ste. 2600, Chicago, IL 60606 and
(2) $121,754.56 made payable to “Gilbert McWherter Scott & Bobbitt, PLC – TRUST” (on

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behalf of Titan) and delivered to 341 Cool Springs Blvd. Suite 230, Franklin, TN 37067.
Columbus instructs Underwriters to distribute the Funds in accordance with the above
agreement, and Underwriters agree to distribute the Funds in accordance with the above
agreement.
WHEREFORE, PREMISES CONSIDERED, IT IS ADJUDGED:
1.

That Underwriters shall, within 14 days of the entry of this Order, distribute the

Funds as follows: (1) $1,095,791.04 made payable to “Byline Bank” and delivered to Edmond
M. Burke, Chuhak & Tecson, P.C., 30 S. Wacker Dr., Ste. 2600, Chicago, IL 60606 and (2)
$121,754.56 made payable to “Gilbert McWherter Scott & Bobbitt, PLC – TRUST” (on behalf
of Titan) and delivered to 341 Cool Springs Blvd. Suite 230, Franklin, TN 37067;
2.

That, with the exception of claims to enforce this Order, all Defendants shall be

restrained from instituting or prosecuting any proceeding or action in any State or United States
court against Underwriters relating to claims for, or the distribution of, the Funds which are the
subject of this Order;
3.

That Plaintiff’s Complaint for Interpleader is dismissed and each Party shall be

responsible for its own costs, attorneys’ fees and expenses; and
4.

All other claims, disputes and matters among the Parties are reserved.

IT IS SO ORDERED.
This the 26th day of July, 2017.

/s/ Sharion Aycock
UNITED STATES DISTRICT COURT JUDGE

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Submitted for Approval and Entry:
ZELLE LLP
s/Lindsey A. Davis
LINDSEY A. DAVIS (Admitted Pro Hac)
500 Washington Avenue South, Suite 4000
Minneapolis, MN 55415
[phone] Telephone
[phone] Facsimile
[e-mail]

CARROLL WARREN & PARKER PLLC
s/ Lee Ann C. Thigpen
Lee Ann C. Thigpen (MBN 100229)
James “Trey” Gunn III (MBN 103907)
188 East Capitol Street, Suite 1200 (39201)
Post Office Box 1005
Jackson, MS 39215-1005
[phone] Telephone
[phone] Facsimile
[e-mail]
[e-mail]
Attorneys for Plaintiffs Certain Underwriters at Lloyd’s, London
– And –
GILBERT McWHERTER
SCOTT BOBBITT PLC
s/ J. Brandon McWherter
J. BRANDON McWHERTER #105244
341 Cool Springs Blvd., Ste. 230
Franklin, Tennessee 37067
Telephone: [phone]
[e-mail]
Attorney for Defendant Titan
Exteriors, Inc. dba TitanRoof
– And –

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CHUHAK & TECSON, P.C.
s/Edmond M. Burke
EDMOND M. BURKE
30 South Wacker Drive, Suite 2600
Chicago, IL 60606
[phone] Telephone
[phone] Facsimile
[e-mail]
Attorney for Defendant Byline Bancorp, Inc.
– And –
DEFENDANT COLUMBUS BUSINESS CENTER, LLC
s/Stuart Millner, Authorized Agent/Officer

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