TIG INSURANCE COMPANY v. TYCO INTERNATIONAL, LTD. et al

Filing 195

ORDER re 194 Memorandum (Order to follow as separate docket entry). IT IS HEREBY ORDERED that Plaintiffs Motion for Clarification of the Courts January 23, 2013 Order (Doc. 188) is GRANTED IN PART and DENIED IN PART. It is further ORDERED that Paragraph 6 of the Courts January 23, 2013 Order (Doc. 187) is hereby AMENDED to read as follows:6.Judgment is entered in favor of Plaintiff and against Defendant on Counts I and II of Plaintiffs Amended Complaint (Doc. 61). Specifically, it is here bya.declared that Plaintiff has no duty to idemnify Defendant for the Brooklyn Hospital settlement;b.ordered that Defendant shall reimburse Plaintiff $7,840,699.69 under Paragraph 5(b) of the parties Funding Agreement (Doc. 189, Ex. A);c.ordered that Defendant shall pay Plaintiff $1,637,954.49 in pre-judgment interest pursuant to Paragraph 6 of the parties Funding Agreement (Doc. 189, Ex. A);d.ordered that Defendant shall pay Plaintiff post-judgment interest on $9,478,654.18. at a rate of 0.14%, as proscribed by 28 U.S.C. § 1961, running from January 23, 2013 until paid. Signed by Honorable A. Richard Caputo on 4/8/13. (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TIG INSURANCE COMPANY,
CIVIL ACTION NO. 3:08-CV-1584

Plaintiff,
v.

(JUDGE CAPUTO)

TYCO INTERNATIONAL, LTD.,
SIMPLEXGRINNELL CORP., and THE
BROOKLYN HOSPITAL CENTER f/k/a
THE BROOKLYN HOSPITAL –
CALEDONIAN HOSPITAL,
Defendants.
ORDER

NOW, this 8th day of April, 2013, IT IS HEREBY ORDERED that Plaintiff’s Motion for
Clarification of the Court’s January 23, 2013 Order (Doc. 188) is GRANTED IN PART and
DENIED IN PART. It is further ORDERED that Paragraph 6 of the Court’s January 23,
2013 Order (Doc. 187) is hereby AMENDED to read as follows:
6.

Judgment is entered in favor of Plaintiff and against Defendant on Counts I
and II of Plaintiff’s Amended Complaint (Doc. 61). Specifically, it is hereby
a.

declared that Plaintiff has no duty to idemnify Defendant for the
Brooklyn Hospital settlement;

b.

ordered that Defendant shall reimburse Plaintiff $7,840,699.69 under
Paragraph 5(b) of the parties’ Funding Agreement (Doc. 189, Ex. A);

c.

ordered that Defendant shall pay Plaintiff $1,637,954.49 in prejudgment interest pursuant to Paragraph 6 of the parties’ Funding
Agreement (Doc. 189, Ex. A);

d.

ordered that Defendant shall pay Plaintiff post-judgment interest on
$9,478,654.18. at a rate of 0.14%, as proscribed by 28 U.S.C. § 1961,
running from January 23, 2013 until paid.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge