Tree Top Inc v. Starr Indemnity and Liability Company
Filing
37
ORDER HOLDING THE PARTIES' CROSS-MOTIONS FOR SUMMARY JUDGMENT IN ABEYANCE AND SETTING BRIEFING SCHEDULE. 22 Motion for Summary Judgment and 25 Motion for Summary Judgment held in ABEYANCE. Signed by Judge Salvador Mendoza, Jr. (RG, Ops Supervisor)
1
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
2
Jul 13, 2017
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
3
SEAN F. MCAVOY, CLERK
4
5
TREE TOP, INC., a Washington
corporation,
Plaintiff,
6
v.
7
9
STARR INDEMNITY AND
LIABILITY CO., a foreign insurance
corporation,
10
No. 1:15-CV-03155-SMJ
ORDER HOLDING THE
PARTIES’ CROSS-MOTIONS FOR
SUMMARY JUDGMENT IN
ABEYANCE AND SETTING
BRIEFING SCHEDULE
Defendant.
8
11
On July 12, 2017, the Court heard oral argument on the parties’
12
cross-motions for summary judgment. ECF No. 36. At this hearing, Plaintiff
13
raised a new argument regarding Defendant’s “fortuity” or “known-loss” defense.
14
Plaintiff argues that if the Court applies the defense here, it would break new
15
ground by extending the known-loss defense to a class of insurance policies to
16
which the defense has not applied before. Since the parties have not briefed the
17
issue, the Court ORDERS the parties to address: (1) whether applying the
18
known-loss defense here would in fact extend it to a new category of insurance
19
policies—claims based policies—to which Washington courts have not previously
20
ORDER - 1
1
applied the defense; and (2) whether this Court should certify this issue to the
2
Washington State Supreme Court.
3
The Court further SETS the following briefing schedule. Plaintiff, as the
4
party who raised the issue, shall file a brief no longer than 10 pages addressing
5
the two questions above no later than August 3, 2017. Defendant shall file a
6
response no longer than 10 pages no later than August 24, 2017. Plaintiff shall
7
then file a reply, if any, no longer than 5 pages no later than September 7,
8
2017.
9
Finally, the Court will hold the cross-motions for summary judgment, ECF
10
Nos. 22 and 25, in ABEYANCE until the issue discussed in this order is resolved.
11
Accordingly, IT IS HEREBY ORDERED:
12
1.
questions above no later than August 3, 2017
13
14
2.
3.
Plaintiff shall then file a reply, if any, no longer than 5 pages no
later than September 7, 2017.
17
18
Defendant shall file a response no longer than 10 pages no later
than August 24, 2017.
15
16
Plaintiff shall file a brief no longer than 10 pages addressing the two
4.
Defendant Starr Indemnity & Liability Company’s Motion for
19
Summary Judgment, ECF No. 22, is held in ABEYANCE until
20
otherwise ordered by this Court.
ORDER - 2
1
5.
Plaintiff’s Response to Defendant Starr Indemnity & Liability
2
Company’s Motion for Summary Judgment and Cross-Motion for
3
Summary Judgment, ECF No. 25, is held in ABEYANCE until
4
otherwise ordered by this Court.
5
6
7
IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order
and provide copies to all counsel.
DATED this 13th day of July 2017.
8
__________________________
SALVADOR MENDOZA, JR.
United States District Judge
9
10
11
12
13
14
15
16
17
18
19
20
ORDER - 3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?