Gemini Insurance Company v. Certain Underwriters at Lloyd's London Subscribing to Policy No. B0973MA1305152 Issued Through the Offices of Osprey Underwriting Agency Limited

Filing 13

ORDER entered GRANTING 11 MOTION to Dismiss in favor of Arbitration. Case terminated on 5/2/17.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

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United States District Court Southern District of Texas ENTERED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION § § Plaintiff, § § VS. § § CERTAIN UNDERWRITERS AT LLOYD’S § LONDON SUBSCRIBING TO POLICY NO. § B0973MA1305152 ISSUED THROUGH THE § OFFICES OF OSPREY UNDERWRITING § AGENCY LIMITED, § § Defendant. § May 02, 2017 David J. Bradley, Clerk GEMINI INSURANCE COMPANY, CIVIL ACTION NO. H-17-1044 ORDER GRANTING MOTION TO DISMISS IN FAVOR OF ARBITRATION For the reasons stated in detail in this court’s Order Dissolving the Temporary Restraining Order and Denying the Application for Preliminary Injunction, (Docket Entry No. 10), the court now grants Lloyd’s Underwriters’ motion to dismiss in favor of arbitration in England. (Docket Entry No. 11). This action is dismissed without prejudice to Gemini’s right to assert these claims in an English arbitration proceeding under the Law and Practice Clause in the Osprey insurance agreement. SIGNED on May 2, 2017, at Houston, Texas. ______________________________________ Lee H. Rosenthal Chief United States District Judge

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