King County v Travelers Indemnity Company et al

Filing 650

ORDER DENYING 640 motion for protective order filed by Lexington Insurance Company, National Surety Corporation National Union Fire Insurance Company of Pittsburgh PA and GRANTING 648 Plaintiff's cross motion to compel filed by King County; by Judge Barbara J. Rothstein. (RM) Modified on 2/14/2018 to correct name of party (PM).

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UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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KING COUNTY,

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Plaintiff,
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v.
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TRAVELERS INDEMNITY CO.,
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PROVIDENCE WASHINGTON
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INSURANCE CO., et al.,
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Defendants.
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____________________________________)

Civil Action No. 2:14-cv-01957-BJR
ORDER DENYING DEFENDANTS’
MOTION FOR A PROTECTIVE ORDER
AND GRANTING PLAINTIFF’S CROSSMOTION TO COMPEL

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Having conducted a telephonic discovery conference on February 13, 2018, at which
Plaintiff was represented by Paul Del Vechhio and Defendants Lexington Insurance Company and

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National Union Fire Insurance Company of Pittsburgh (collectively “AIG”) were represented by
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Linda Clapham, and having reviewed the parties’ briefing, the Court DENIES AIG’s motion for

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protective order (Dkt. 640) and GRANTS Plaintiff’s cross-motion to compel (Dkt. 648), with the

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following clarifications. First, AIG shall produce any non-privileged claim files for the period of

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2013 through 2016.

Plaintiff may inquire, to the extent possible, as to AIG’s subjective

understanding of this 1997 Agreement.

However, any exploration of AIG’s subjective
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interpretation of the original policy is excluded. Interpretation of the current policy at issue is a
matter for the Court, and, therefore, not an appropriate subject of discovery. The Court also
excludes from discovery the questions of AIG’s re-insurance and reserves.

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Plaintiff is entitled to pursue discovery surrounding AIG’s affirmative defenses, including

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those involving notice and statute of limitations. The Court anticipates that with the parameters

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set forth above, the discovery Plaintiff seeks will be neither extensive nor costly.
Dated this 13th day of February, 2018.

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BARBARA J. ROTHSTEIN
UNITED STATES DISTRICT JUDGE

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