Utica Mutual Insurance Company v. Fireman's Fund Insurance Company

Filing 473

JUDGMENT in favor of Fireman's Fund Insurance Company against Utica Mutual Insurance Company. (Attachments: # 1 Attachment - Appeals Notice) (khr)

Case 6:09-cv-00853-DNH-TWD Document 473 Filed 07/21/20 Page 1 of 1

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

JUDGMENT IN A CIVIL CASE
Utica Mutual Insurance Company
Plaintiff(s)
vs.

CASE NUMBER: 6:09-cv-853 (DNH/TWD)

Fireman’s Fund Insurance Company
Defendant(s)

Decision by Court. This action came to trial or hearing before the Court. The issues
have been tried or heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED: Pursuant to the Mandate issued by the United
States Court of Appeals for the Second Circuit on July 17, 2020, it is hereby
ORDERED that
1. The December 13, 2017 jury verdict in favor of plaintiff Utica Mutual Insurance
Company, ECF No. 440, and corresponding December 15, 2017 judgment, ECF No.
436, in favor of plaintiff Utica Mutual Insurance Company and against defendant
Fireman's Fund Insurance Company in the amount of thirty-five million dollars
($35,000,000.00), with interest calculated from September 22, 2008, at the statutory
rate of 9% (NY Civ. Prac. L. & R. §§ 5003, 5004) for a total of twenty-nine million,
ninety-two thousand, one hundred and ninety-one dollars and seventy-eight cents
($29,092,191.78), for a total judgment amount of sixty-four million, ninety-two thousand,
one hundred and ninety-one dollars and seventy-eight cents ($64,092,191.78) is
VACATED.
All of the above pursuant to the order of the Honorable Judge David N. Hurd, dated the
21st day of July, 2020.
DATED: July 21, 2020

s/Kathy Rogers
Deputy Clerk