King County v Travelers Indemnity Company et al

Filing 739

ORDER granting London Market Insurers' 730 Motion for Order Approving Settlement and Barring Claims re Manson Policies. The Court ORDERS that the cross-claims and counterclaims, by and against London Market Insurers as to alleged additional i nsured coverage under the Manson Policies in this action are DISMISSED with prejudice. 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 London Market Insurers as to the alleged Manson Policies by any other insurer alleged to provide insurance coverage to 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
KING COUNTY, a Washington municipal Case No. 2:14-cv-01957 BJR
corporation,
ORDER GRANTING CERTAIN
Plaintiff,
UNDERWRITERS AT LLOYD’S
LONDON AND CERTAIN LONDON
v.
MARKET COMPANIES’ MOTION
TRAVELERS INDEMNITY COMPANY; FOR ORDER APPROVING
et al.,
SETTLEMENT AND BARRING
CLAIMS RE MANSON POLICIES
Defendants.
NOTE ON MOTION CALENDAR:
January 18, 2018

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This matter comes before the Court on Certain Underwriters at Lloyd’s

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London and Certain London Market Companies’ (collectively “London Market

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Insurers”) Motion for Order Approving Settlement and Barring Claims re Manson

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

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The Court GRANTS London Market Insurers’ Motion for Order Approving

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Settlement and Barring Claims and APPROVES the Confidential Settlement

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Agreement and Release (“Settlement Agreement”) between Plaintiff King County

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and London Market Insurers with regard to King County’s claims for coverage as an

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ORDER GRANTING LONDON
MARKET INSURERS’ MOTION FOR ORDER
APPROVING SETTLEMENT AND
BARRING CLAIMS RE MANSON POLICIES– Page 1
Case No. 2:14-cv-01957

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

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additional insured under the alleged Manson Policies. The Court further FINDS and

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ORDERS:

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1.

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

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length negotiations between parties represented by counsel. The Settlement

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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 London Market Insurers as to alleged additional insured coverage under the

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Manson Policies 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 London Market Insurers as to the alleged Manson Policies by any other

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insurer alleged to provide insurance coverage to 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.
DATED this 22nd day of January, 2019.

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A

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Barbara Jacobs Rothstein
U.S. District Court Judge

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ORDER GRANTING LONDON
MARKET INSURERS’ MOTION FOR ORDER
APPROVING SETTLEMENT AND
BARRING CLAIMS RE MANSON POLICIES– Page 2
Case No. 2:14-cv-01957

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