National Union Fire Insurance Company of Pittsburgh, PA et al v. Southern Coal Corporation

Filing 36

OPINION & ORDER re: 28 MOTION for Summary Judgment . filed by National Union Fire Insurance Company of Pittsburgh, PA, New Hampshire Insurance Company. Plaintiffs' motion for summary judgment is GRANTED as to National Union 9;s claim for breach of promissory note. Plaintiffs' alternative claim for quantum meruit/unjust enrichment is DISMISSED. The Court awards National Union the following relief: 1. $559,286 in unpaid principal; 2. Prejudgment interest at the rate of 12% per annum from January 15, 2015; 3. Post-judgment interest calculated in accordance with 28 U.S.C. § 1961 that shall continue until the Judgment is fully paid; 4. The amount of attorneys' fees incurred in enforcing Defenda nt's obligations under the Note. National Union shall make a submission related to attorneys' fees within 14 days of this Judgment. The Court shall, in turn, enter a Final Judgment that incorporates all attorneys' fees, prejudgment interest, and post-judgment interest as of that date. SO ORDERED. (Signed by Judge Paul A. Crotty on 11/27/17) (yv)