Towers Watson & Co. v. National Union Fire Insurance Company Pittsburgh, PA et al

Filing 184

MEMORANDUM OPINION AND ORDER granting 19 Plaintiff's Motion for Partial Summary Judgment; and it is hereby DECLARED that there is coverage under the Policies for the Settlements reached in the Underlying Actions; denying as moot 42 Defendant s' Motion to Dismiss for Lack of Ripeness; denying 36 Defendants' Motion to Dismiss for Lack of Jurisdiction, or Stay the Complaint, for Failure to Abide by the Policies' Mandatory Alternative Dispute Resolution Clause; ORDERED that within 14 days of the days of this Order, the parties, jointly if possible, otherwise separately, file a notice advising the Court concerning what issues, if any, remain to be decided before the entry of a final order. Signed by District Judge Anthony J Trenga on 10/05/2021. (choy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

TOWERS WATSON & CO. n/k/a

WTW DELAWARE HOLDINGS LLC,

Plaintiff,
Case No. 1:20-cv-810(AJT/JFA)

V.

NATIONAL UNION FIRE INSURANCE

COMPANY OF PITTSBURGH,PA,et al..
Defendants.

MEMORANDUM OPINION AND ORDER

In this insurance coverage action. Plaintiff Towers Watson & Co. n/k/a WTW Delaware

Holdings LLC (the "Plaintiff "Towers Watson" or "TW")has sued Defendants' for their refusal
to provide indemnity coverage for any settlements or adverse judgments in two underlying
litigations:(I)In re Willis Towers Watson pic Proxy Litigation, Case No. I:I7-cv-01338

(AJT/JFA)(E.D. Va.)(the "Virginia Action"), an action alleging a violation of the proxy
solicitation rules under Sections 14(a) and 20(a) of the Securities Exchange Act of 1934, 15
U.S.C. §§ 78(a) et seq; and (2)In re Towers Watson & Co. Stockholders Litigation, Consolidated
C.A. No. 2018-0132-KSJM (Del. Ch.)(the "Delaware Action"), consolidated shareholders'

derivative actions alleging a breach of fiduciar)' duty on the part of Towers Watson's chief

'The Defendants are: National Union Fire Insurance Company of Pittsburgh, Pa.("National Union" or 'AIG"),
Federal Insurance Company ("Chubb"), U.S. Specialty Insurance Company ("U.S. Specialty"), Travelers Casualty
and Suret>' Company of America ("Travelers"), Liberty Insurance Underwriters Inc.("Liberty"), Allied World
National Assurance Company("Allied World"), and Ironshore Indemnity Inc.("Ironshore")(collectively,
"Defendants"). See[Doc. No. I](the "Complaint" or "Compl.").
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