King County v Travelers Indemnity Company et al

Filing 722

ORDER granting General Insurance Company of America's 714 Motion for Order Approving Settlement and Barring Claims. The Court ORDERS that the cross-claims and counterclaims, by and against General in this action are DISMISSED with p rejudice. The Court further ORDERS that any other claims for contribution, allocation, subrogation, and equitable indemnity, and any other cause of action in connection with this action against General by any other insurers of King County are hereby BARRED. Signed by Judge Barbara J. Rothstein. (TH)

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Honorable Barbara J. Rothstein

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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KING COUNTY, a Washington municipal Case No. 2:14-cv-01957 BJR
corporation,
ORDER GRANTING GENERAL
Plaintiff,
INSURANCE COMPANY OF
AMERICA’S MOTION FOR ORDER
v.
APPROVING SETTLEMENT AND
TRAVELERS INDEMNITY COMPANY; BARRING CLAIMS
et al.,
NOTE ON MOTION CALENDAR:
Defendants.
November 2, 2018

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This matter comes before the Court on General Insurance Company of

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America’s (“General”) Motion for Order Approving Settlement and Barring Claims. The

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Court has considered the motion and all pleadings and filings on record.

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The Court GRANTS General’s unopposed Motion for Order Approving

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Settlement and Barring Claims and APPROVES the Settlement Agreement and Release

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(“Settlement Agreement”) between Plaintiff King County and General. The Court

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further FINDS and ORDERS:

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1.

The Settlement Agreement is reasonable, and was the result of arm’s-

length negotiations between parties represented by counsel. The Settlement
ORDER GRANTING
GENERAL’S MOTION FOR ORDER
APPROVING SETTLEMENT AND
BARRING CLAIMS
Case No. 2:14-cv-01957

– Page 1

Duane Morris LLP
801 Second Avenue, Suite 800
Seattle, WA 98104
Telephone: [phone]
Fax: [phone]

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Agreement is not collusive, inadequate, or entered into for any other improper

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purpose.

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2.

The non-settling insurers are adequately protected based on the terms

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of the Settlement Agreement, and King County’s representations related to potential

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setoff for settlements in this case. See King County v. Travelers Indemn. Co., 2018

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WL 1792189, at *3 (W.D. Wash. Apr. 16, 2018).

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3.

The Court ORDERS that the cross-claims and counterclaims, by and

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against General in this action are DISMISSED with prejudice. The Court further

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ORDERS that any other claims for contribution, allocation, subrogation, and

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equitable indemnity, and any other cause of action in connection with this action

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against General by any other insurers of King County are hereby BARRED.

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4.

The Court DIRECTS that this Order shall be entered as a final

judgment under Federal Rule of Civil Procedure 54(b).
IT IS SO ORDERED.

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DATED this 5th day of November, 2018.

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A

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Barbara Jacobs Rothstein
U.S. District Court Judge

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ORDER GRANTING
GENERAL’S MOTION FOR ORDER
APPROVING SETTLEMENT AND
BARRING CLAIMS
Case No. 2:14-cv-01957

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Duane Morris LLP
801 Second Avenue, Suite 800
Seattle, WA 98104
Telephone: [phone]
Fax: [phone]