Interstate Fire & Casualty Company v. Dickerson, et al

Filing 65

ORDER granting in part and denying in part dft's 56 Motion for Reconsideration ; the order regarding cross-motions for summary judgment 53 is amended to delete the award of pre-judgment interest by Judge Robert S. Lasnik.(RS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
_______________________________________
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INTERSTATE FIRE & CASUALTY
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COMPANY,
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Plaintiff,
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v.
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ANTHONY DICKERSON, et al.,
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Defendants.
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_______________________________________)

Case No. C11-1730RSL
ORDER GRANTING IN PART
MOTION FOR RECONSIDERATION

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On August 31, 2012, the Court granted defendant’s motion for summary judgment

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and ordered plaintiff to pay to the Dickerson’s $2,000,000 plus pre-judgment interest. Plaintiff

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filed a timely motion for reconsideration in which it asserts that the Court erred in its policy

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interpretation analysis and that the award of pre-judgment interest was legally and factually

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unsupported. Dkt. # 56. Pursuant to Local Civil Rule 7(h)(3), the Court invited additional

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briefing regarding the pre-judgment interest issue, particularly the appropriateness of an award

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that exceeds the maximum amount set forth in the parties’ settlement agreement.

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Having reviewed the submissions of the parties, the Court denies the motion for

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reconsideration as to the policy interpretation analysis, but grants the motion as to the award of

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pre-judgment interest. An award in excess of $3 million is inconsistent with the parties’ written

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agreement. Although plaintiff should have responded to the Dickerson’s request for pre-

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ORDER GRANTING IN PART
MOTION FOR RECONSIDERATION

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judgment interest in the context of the motions for summary judgment, the meaning of the

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settlement agreement is unambiguous and will be enforced.

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For all of the foregoing reasons, the Order Regarding Cross-Motions for Summary

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Judgment (Dkt. # 53) is amended to delete the award of pre-judgment interest in the concluding

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paragraph.

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Dated this 19th day of October, 2012.

A

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Robert S. Lasnik
United States District Judge

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ORDER GRANTING IN PART
MOTION FOR RECONSIDERATION

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