Morden et al v. XL Specialty Insurance

Filing 125

MEMORANDUM DECISION ANDORDER - In accordance with the Tenth Circuit's rulings, it is ORDERED that Defendant XL's Motion for Summary Judgment filed on January 16, 2015 isGRANTED. Based on this ruling, all claims have now been resolved in favor of Defendant XL. The case is closed. Signed by Judge Clark Waddoups on 11/16/18. (jmr)

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION JAMES MORDEN, et al., Plaintiffs, MEMORANDUM DECISION AND ORDER v. XL SPECIALTY INSURANCE CO., Defendant. Case No. 2:14-cv-00224 Judge Clark Waddoups On October 2, 2018, a Mandate was issued by the United States Court of Appeals for the Tenth Circuit. The Mandate attaches a certified copy of the Judgment and Opinion of the Tenth Circuit dated September 10, 2018. Pursuant to that Judgment and Opinion, the Tenth Circuit reversed this court’s Order of April 5, 2016 that denied Defendant XL Specialty Insurance Company’s Motion for Summary Judgment under the Interrelated Wrongful Acts provision of a liability-insurance policy. The Tenth Circuit remanded the case to this court for further proceedings in accordance with the Judgment and Opinion. In accordance with the Tenth Circuit’s rulings, it is ORDERED that Defendant XL’s Motion for Summary Judgment filed on January 16, 2015 is GRANTED. Based on this ruling, all claims have now been resolved in favor of Defendant XL. The case is closed. DATED this 16th day of November, 2018. BY THE COURT: ______________________________ CLARK WADDOUPS United States District Judge 2

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