American Automobile Insurance Company v. First Mercury Insurance Company et al

Filing 185

PARTIAL SUMMARY JUDGMENT ON COUNTERCLAIMS by District Judge Kenneth J. Gonzales. (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
AMERICAN AUTOMOBILE INSURANCE
COMPANY,
Plaintiff/Counterdefendant,
v.

Civ. No. 13-439 KG/LF

FIRST MERCURY INSURANCE COMPANY,
Defendant/Counterclaimant,
and
XL INSURNCE COMPANY LIMITED and
HCC INTERNATIONAL INSURANCE COMPANY PLC,
Joined Plaintiffs on Counterclaim.
PARTIAL SUMMARY JUDGMENT ON COUNTERCLAIMS
Having granted in part “American Automobile Insurance Company’s Opposed Motion
for Judgment on the Pleadings as to First Mercury’s Counterclaim or for Partial Summary
Judgment as to First Mercury’s Counterclaim” (Doc. 175) by entering a Memorandum Opinion
and Order contemporaneously with this Partial Summary Judgment on Counterclaims,
IT IS ORDERED that
1. except for the equitable indemnification counterclaim based on damages assessed
against Standard E&S, LLC and Zia Transport Inc., summary judgment is entered in favor of
American Automobile Insurance Company as to the remaining counterclaims based on damages
assessed against Standard E&S, LLC and Zia Transport, Inc.; and

2. those counterclaims are dismissed with prejudice.

________________________________
UNITED STATES DISTRICT JUDGE

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