Amica Mutual Insurance Company v. Momii et al

Filing 93

ORDER FOR DISTRIBUTION OF INSURANCE PROCEEDS re the parties' 92 Stipulation for Distribution of Insurance Proceeds filed by Steven T. Momii. Signed by Judge Susan P. Watters on 5/23/2017. (copy to Msla Finance) (EMH)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION FILED MAY 2 3 2017 Clerk, u s District Court District Of Montana Billings AMICA MUTUAL INSURANCE COMPANY, CV 16-24-BLG-SPW Plaintiff, ORDER FOR DISTRIBUTION OF INSURANCE PROCEEDS vs. STEVEN MOMII, THE ESTATE OF JEANNETTE FAUN WONG, LEIGH MOMII, ROBIN MOMII, THE ESTATE OF WESLEY JOHNSON, JUSTIN FOSTER, and NATIONAL CASUALTY COMPANY, Defendants. Upon the parties' Stipulation for Distribution of Insurance Proceeds (Doc. 92), by and between their counsel of record, IT IS HEREBY ORDERED that the remaining insurance proceeds of $5,312,035.92, consisting of $5,262,035.92 from Plaintiff Amica Mutual Insurance Company (hereinafter "Amica") and $50,000.00 from Defendant National Casualty Company (hereinafter "National"), be distributed as follows: $700,000.00 total new money to Defendant The Estate of Jeannette Faun Wong, consisting of the following: $700,000.00 new money under the DIM Coverage of Amica Personal Auto Policy no. 950946-22CG (hereinafter "Personal Auto Policy"). 2 $1,012,035.92 total new money to Defendant Leigh Momii, consisting of the following: $762,035.92 new money under Amica Umbrella Liability Policy no. 750946-2262 (hereinafter "Umbrella Liability Policy"); $225,000.00 new money under the UIM Coverage of the Amica Personal Auto Policy; and $25,000.00 new money under the National policy. $100,000.00 total new money to Defendant Robin Momii, consisting of the following: $75,000.00 new money under the UIM Coverage of the Amica Personal Auto Policy; and $25,000.00 new money under the National policy. $3,000,000.00 total new money to Defendant The Estate of Wesley Johnson, consisting of the following: $3,000,000.00 new money under the Amica Umbrella Liability Policy. $500,000.00 total new money to Defendant Justin Foster and Intervenor Lori Foster, consisting of the following: $262,035.92 new money under the liability coverage of the Amica Personal Auto Policy; and 3 $237,964.08 new money under the Amica Umbrella Liability Policy. Amica and National shall have fourteen (14) calendar days from the date of this Order to disburse the insurance proceeds. Once the insurance proceeds have been disbursed, the parties shall file stipulations to dismiss with prejudice both this action and James Johnson, et al. v. Steven T. Momii, CV-16-14-BLG-SPW. DATED this dtR dayofMay,2017.J ~-~-{p~~-='--1--t--=-=~~=-USANP. WATTERS United States District Judge 4

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