Continental Casualty Company v. Amerisure Insurance Company

Filing 51

ORDER directing parties to file Supplemental Briefs. Briefs due 5/19/2016. Signed by Senior Judge Graham Mullen on 5/5/2016. (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:14CV529

CONTINENTAL CASUALTY COMPANY,

)
)
Plaintiff,
)
)
vs.
)
)
AMERISURE INSURANCE COMPANY,
)
)
Defendant.
)
________________________________________________)

ORDER

This matter is before the Court upon its own motion. Despite the voluminous briefing on the
cross motions for summary judgment in the case, the parties have devoted relatively little time to
adequately briefing a crucial issue: If the Court were to conclude that Amerisure’s policies
provide coverage, which insurance policy would attach after Amerisure’s CGL Policy? The
parties are therefore directed to file supplemental briefs regarding this issue only. The briefs
should specifically and thoroughly address the following questions:
1. Whether the CSS-SteelFab indemnity agreement is valid in light of N.C. Gen. Stat. §
22B-1 and In re New Bern Riverfront Dev., L.L.C., 516 B.R. 828 (E.D.N.C. 2014);
2. What is the effect of the “Other Insurance” clauses in the Continental CGL policy
endorsement1 and the Amerisure Umbrella Policy and how are they to be analyzed in
light of Horace Mann Ins. Co. v. Gen. Star Nat. Ins. Co., 514 F.3d 327 (4th Cir. 2008)?

Amerisure’s Memorandum of Law in Support of Motion for Summary Judgment (Doc. No. 32) quoted
the “Other Insurance” clause contained in Doc. 1-9, p. 14 (Continental CGL Policy) and ignored the
amended clause contained in the endorsement on page 52.
1

3. Of what significance, if any, is the requirement in the CSS-SteelFab subcontract that any
insurance required by the Subcontract be “primary and non-contributory with SteelFab’s
Insurance program”?2
Such supplemental briefs are to be filed within fourteen days of the date of entry of this Order.
IT IS SO ORDERED.
Signed: May 5, 2016

22

See Doc. 1-3, pp. 20-21, ¶¶ 15.1 and 15.5.