Fireman's Fund Insurance Company v. OneBeacon Insurance Company
Filing
79
FINAL JUDGMENT: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that for the reasons set forth in the Order: 1. Fireman's Fund's Motion for Summary Judgment is granted and OneBeacon's Cross-Motion for Summary Judgment is denied; 2. Judg ment for Fireman's Fund is hereby entered in the amount of $ 2,966,993.31 consisting of: a. $1,744,250.08 in principal, which is the total amount of Fireman's Fund's bills to OneBeacon for the ASARCO settlement; b. $1, 207,690.08 in prejudgment interest at the New York statutory rate of 9% per annum from February 17, 2013, through October 26, 2020; and c. $[15,053.15] in prejudgment interest at the New York statutory rate of 9% per annum from Octo ber 27, 2020, through the date of this Judgment (calculated as $430.09 per day). 3. Fireman's Fund is further entitled to post-judgment interest at the federal statutory rate pursuant to 28 U.S.C. § 1961 from the date this Judgment is entered until payment is made. Pursuant to Local Civil Rule 54.1, any notice of taxation of costs, fees, and expenses shall be made within 30 days of the entry of this judgment. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/30/2020) (jca) Transmission to Finance Unit (Cashiers) for processing. Modified on 11/30/2020 (jca).
Case 1:14-cv-04718-PGG Document 71 Filed 10/26/20 Page 1 of 3
79
11/30/20
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
FIREMAN’S FUND INSURANCE COMPANY,
Plaintiff,
v.
Case No. 14-cv-4718(PPG)
ONEBEACON INSURANCE COMPANY,
[PROPOSED]
FINAL JUDGMENT
Defendant.
WHEREAS this cause came before the Court on the Complaint of Plaintiff Fireman’s
Fund Insurance Company (“Fireman’s Fund”), dated June 26, 2014, seeking monetary damages
against Defendant OneBeacon Insurance Company (“OneBeacon”) arising out of OneBeacon’s
alleged breach of its obligation to pay amounts due under a Certificate of Facultative
Reinsurance No. FC 4620, effective March 15, 1983 to March 15, 1984 (the “Contract”).
WHEREAS in July 2015, following completion of discovery, the parties filed CrossMotions for Summary Judgment [ECF Nos. 34 and 44].
WHEREAS on March 31, 2016, this Court denied parties’ Cross-Motions for Summary
Judgment without prejudice [ECF No. 56].
WHEREAS on May 19, 2016, both parties renewed their Cross-Motions for Summary
Judgment and filed supplemental briefs [ECF Nos. 60 and 61].
WHEREAS on October 19, 2020, this Court issued an Order granting Fireman’s Fund’s
Motion for Summary Judgment, and denying OneBeacon’s Cross-Motion for Summary
Judgment, and finding that OneBeacon is bound to accept Fireman’s Fund’s settlement and
allocation (the “Order”) [ECF No. 70].
1
Case 1:14-cv-04718-PGG Document 71 Filed 10/26/20 Page 2 of 3
79
11/30/20
WHEREAS this Court further directed Fireman’s Fund to submit a proposed Judgment,
with an affidavit explaining its calculations of the amount due to Fireman’s Fund [ECF No. 70].
WHEREAS this Court is authorized to enter pre-judgment interest at the New York
statutory rate of 9% per annum pursuant to NY CPLR § 5004 from the date when OneBeacon
breached the Contract by failing to pay Fireman’s Fund’s bill for its share of Fireman’s Fund’s
settlement with Asarco, Inc.
WHEREAS this Court finds that the date of OneBeacon’s breach of the Contract was
February 17, 2013 (i.e., 31 days after Fireman’s Fund’s bill).
WHEREAS this Court is authorized to order post-judgment interest at the federal
statutory rate pursuant to 28 U.S.C. § 1961 from the date this Judgment is entered until payment
is made.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that for the reasons set forth
in the Order:
1. Fireman’s Fund’s Motion for Summary Judgment is granted and OneBeacon’s CrossMotion for Summary Judgment is denied;
2,966,993.31,
2. Judgment for Fireman’s Fund is hereby entered in the amount of $________
consisting of:
a. $1,744,250.08 in principal, which is the total amount of Fireman’s Fund’s
bills to OneBeacon for the ASARCO settlement;
b. $1,207,690.08 in prejudgment interest at the New York statutory rate of 9%
per annum from February 17, 2013, through October 26, 2020; and
2
Case 1:14-cv-04718-PGG Document 71 Filed 10/26/20 Page 3 of 3
79
11/30/20
15,053.15
c. $[________] in prejudgment interest at the New York statutory rate of 9% per
annum from October 27, 2020, through the date of this Judgment (calculated
as $430.09 per day).
3. Fireman’s Fund is further entitled to post-judgment interest at the federal statutory
rate pursuant to 28 U.S.C. § 1961 from the date this Judgment is entered until
payment is made.
Pursuant to Local Civil Rule 54.1, any notice of taxation of costs, fees, and expenses
shall be made within 30 days of the entry of this judgment.
Dated: New York, New York
_____________, 2020
November 30
SO ORDERED:
___________________________
PAUL G. GARDEPHE
United States District Judge
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?