Continental Casualty Company v. Amerisure Insurance Company

Filing 85

ORDER Denying 80 Motion to Determine Reasonableness of Attorneys Fees. Signed by Senior Judge Graham Mullen on 5/14/2018. (jaw)

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

CONTINENTAL CASUALTY COMPANY,

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

ORDER

This matter is before the Court upon Defendant’s “Motion to Determine Reasonableness
of Attorneys’ Fees.” (Doc. No. 80). The Fourth Circuit recently remanded this case to this Court
“for entry of an award in Continental’s favor for the full amount of its fees and costs incurred in
defending the Miller action.” Continental Casualty Co. v. Amerisure Ins. Co., 886 F.3d 366, 375
(4th Cir. 2018) (emphasis added). Pursuant to the Fourth Circuit’s decision, this Court thereafter
directed counsel for Continental to file a Declaration stating the total amount of the fees and
costs incurred in defending the Miller case, which counsel did on May 3, 2018. (Doc. No. 82).
Prior to Plaintiff filing its Declaration, the Defendant filed the present motion.
The Court finds the Defendant’s motion improper and in contravention of the Fourth
Circuit’s opinion. The Fourth Circuit’s directive is clear that Continental shall be awarded the
“full amount” of its fees and costs incurred in defending the Miller case. Moreover, there has
been no Rule 54(d)(2) motion for prevailing party attorneys’ fees in this case. Accordingly,
IT IS THEREFORE ORDERD that Defendant’s Motion to Determine Reasonableness of
Attorneys’ Fees is hereby DENIED; and

IT IS FURTHER ORDERED that Continental is entitled to judgment against Amerisure
in the amount of $1,700,000, plus prejudgment interest in the amount of $275,776.50, and that
Amerisure must pay the full amount of Continental’s fees and costs incurred in defending the
Miller action, consisting of fees and costs in the amount of $661,765.98, plus prejudgment
interest in the amount of $142,870.03.

Signed: May 14, 2018