Danaher Corporation v. The Travelers Indemnity Company et al

Filing 724

ORDER DISMISSING DEFENDANT EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY,n/k/a/ ONEBEACON AMERICA INSURANCE COMPANY WITHOUT PREJUDICE: WHEREFORE, Employers Commercial Union Insurance Company, n/k/a OneBeacon America Insurance Company is hereby dismissed as a defendant in this action without prejudice. The motion at Docket No. 722 is denied as moot. So Ordered. Employers Commercial Union Insurance Company terminated. (Signed by Judge J. Paul Oetken on 1/21/2022) (js)

Case 1:10-cv-00121-JPO Document 724 Filed 01/21/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
FORTIVE CORPORATION

:
:
Plaintiff,
: Civil Action No. 10-CIV-0121 (JPO) (JCF)
:
v.
: Assigned to: Hon. J. Paul Oetken, U.S.D.J.
:
THE TRAVELERS INDEMNITY
:
COMPANY, et al.
:
:
Defendants.
:
:
v.
:
:
ATLAS COPCO NORTH AMERICA, INC.
:
(as successor to Chicago Pneumatic Tool Company), :
et al.
:
:
Third-Party Defendants.
:
ORDER DISMISSING
DEFENDANT EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY,
n/k/a/ ONEBEACON AMERICA INSURANCE COMPANY WITHOUT
PREJUDICE
WHEREAS, Bedivere Insurance Company, as successor to the interests of Lamorak
Insurance Company (formerly known as OneBeacon America Insurance Company) (hereinafter
“Lamorak”) is in liquidation under the Insurance Department Act of 1921 of the State of
Pennsylvania (the “Liquidation Proceeding”);
WHEREAS, the Liquidation Proceeding was recognized pursuant to applicable
provisions of Pennsylvania law in a March 11, 2021 order issued in Jessica K. Altman v.
Bedivere Insurance Company, Case No.1 BIC 2021 (“Liquidation Order.”) The Liquidation
Order stays all litigation against Bedivere Insurance Company (“Bedivere”) and defines
Bedivere to include Lamorak;
WHEREAS, the State of New York gives full faith and credit to orders staying
litigation against insurers in liquidation proceedings in other states, see Farmland Dairies v.
Barber, 65 N.Y.2d 51 (1985); Parker v. Hoefer 2 N.Y. 2d 612, cert. denied 355 U.S. 833

(1957); Case 1:10-cv-00121-JPO Document 724 Filed 01/21/22 Page 2 of 2
WHEREAS, Plaintiff Fortive Corporation (“Fortive”) does not object to OneBeacon
America’s dismissal from this action without prejudice and OneBeacon America has agreed
that such dismissal will not prejudice Fortive’s right to pursue its claims against Bedivere in
the Liquidation Proceeding;
WHEREFORE, Employers Commercial Union Insurance Company, n/k/a OneBeacon
America Insurance Company is hereby dismissed as a defendant in this action without
prejudice.
The motion at Docket No. 722 is denied as moot.
SO ORDERED.

1/21/2022