King County v Travelers Indemnity Company et al

Filing 807

ORDER granting Defendants Berkshire Hathaway Specialty Insurance Company, Certain London Market Companies, North River Insurance Company, and Underwriters at Lloyds London's 781 Motion Approving Settlement and Barring Claims. The Court ORDE RS that the claims, cross-claims and counterclaims, by and against Settling Insurers 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 Settling Insurers 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
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, NORTH
TRAVELERS INDEMNITY COMPANY; RIVER INSURANCE COMPANY,
et al.,
AND BERKSHIRE HATHAWAY
SPECIALTY INSURANCE
Defendants.
COMPANY’S (FKA STONEWALL
INSURANCE COMPANY) MOTION
APPROVING SETTLEMENT AND
BARRING CLAIMS

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NOTE ON MOTION CALENDAR:
June 7, 2019

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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, North River Insurance Company,
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and Berkshire Hathaway Specialty Insurance Company fka Stonewall Insurance
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Company’s (collectively “Settling Insurers”) Motion for Order Approving Settlement
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and Barring Claims re Settling Insurers’ Policies. The Court has considered the motion
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and all pleadings and filings on record.
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ORDER GRANTING SETTLING
INSURERS’ CLAIM MOTION FOR ORDER
APPROVING SETTLEMENT AND
BARRING CLAIMS
– Page 1
Case No. 2:14-cv-01957

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

The Court GRANTS Settling Insurers’ Motion for Order Approving Settlement

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and Barring Claims and APPROVES the Confidential Settlement Agreement and

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

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Insurers. The Court further FINDS and ORDERS:
1.

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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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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).
3.

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

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by and against Settling Insurers in this action are DISMISSED with prejudice. The

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Court further ORDERS that any other claims for contribution, allocation,

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subrogation, and equitable indemnity, and any other cause of action in connection

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with this action against Settling Insurers by any other insurers of King County are

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hereby BARRED.

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///

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ORDER GRANTING SETTLING
INSURERS’ CLAIM MOTION FOR ORDER
APPROVING SETTLEMENT AND
BARRING CLAIMS
– Page 2
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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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 16th day of July, 2019.
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A

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Barbara Jacobs Rothstein
U.S. District Court Judge

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Presented By:

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/s/ Brian A. Kelly__________________
Brian A. Kelly, Admitted Pro Hac Vice
Duane Morris LLP
Spear Tower
One Market Plaza, Suite 2200
San Francisco, CA 94105-1127
Telephone:
415.957.3000
Facsimile:
415.957.3001
Email: [e-mail]
Kyle Silk-Eglit, WSBA No. 43177
Duane Morris LLP
801 Second Avenue, Suite 800
Seattle, WA 98104
Telephone:
206.467.1065
Facsimile:
415.957.3001
Email: [e-mail]
Attorneys for Defendants
Certain Underwriters at Lloyd’s London
and Certain London Market Companies,
North River Insurance Company, and
Berkshire Hathaway Specialty Insurance
Company fka Stonewall Insurance Company
ORDER GRANTING SETTLING
INSURERS’ CLAIM MOTION FOR ORDER
APPROVING SETTLEMENT AND
BARRING CLAIMS
– Page 3
Case No. 2:14-cv-01957

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