Clearwater Insurance Company v. The Doe Run Resources Company

Filing 318

OPINION, MEMORANDUM AND ORDER: IT IS FURTHER ORDERED that Doe Run's Motion to Dismiss Northbrook Insurance Company's Amended Cross-Claim and AIU Insurance Company's First Amended Cross-Claim, [Doc. No. 233 ], is denied; IT IS FURTHER ORDERED that Doe Run's Motion to Dismiss First State's Amended Cross-Claims, [Doc. No. 241 ], is denied. Signed by District Judge Henry Edward Autrey on 3/13/2019. (CLO)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CLEARWATER INSURANCE COMPANY and
EVEREST REINSURANCE COMPANY,

)
)
)
Plaintiffs,
)
)
v.
) CASE NO. 4:16CV195 HEA
)
THE DOE RUN RESOURCES CORPORATION )
f/k/a ST. JOE MINERALS CORPORATION, AIU )
INSURANCE COMPANY, FIRST STATE
)
INSURANCE COMPANY, GOVERNMENT
)
EMPLOYEES INSURANCE COMPANY,
)
NORTHBROOK INSURANCE COMPANY, and )
ZURICH INSURANCE COMPANY,
)
)
Defendants.
)
OPINION, MEMORANDUM AND ORDER
This matter is before the Court on Defendant the Doe Run Resources
Corporation’s (“Doe Run”) Motion to Dismiss Northbrook Insurance Company’s
Amended Cross-Claim and AIU Insurance Company’s First Amended CrossClaim, [Doc. No. 233], and Motion to Dismiss First State’s Amended CrossClaims, [Doc. No. 241]. The respective parties have filed oppositions to these
motions. The Motions will be denied.
On March 3, 2017 and June 11, 2018, the Court entered its Opinion,
Memorandum and Orders addressing the issues that are raised in the current

Motions. For the reasons previously set forth in those Orders, the Motions are
again denied.
Accordingly,
IT IS FURTHER ORDERED that Doe Run’s Motion to Dismiss
Northbrook Insurance Company’s Amended Cross-Claim and AIU Insurance
Company’s First Amended Cross-Claim, [Doc. No. 233], is denied;
IT IS FURTHER ORDERED that Doe Run’s Motion to Dismiss First
State’s Amended Cross-Claims, [Doc. No. 241], is denied.
Dated this day 13th of March, 2019.

___________________________________
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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