King County v Travelers Indemnity Company et al

Filing 828

ORDER granting Defendant Westport Insurance Corporation's 804 Sealed Motion For Order Approving Settlement And Barring Claims. The Court ORDERS that all Claims, cross-claims, and counterclaims, by and against Westport in this action a re 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 Westport by any other insurers of King County are hereby BARRED. Signed by Judge Barbara J. Rothstein. (TH)

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THE HON. BARBARA JACOBS ROTHSTEIN

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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KING COUNTY, a Washington municipal
9 corporation,
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Plaintiff, ORDER GRANTING WESTPORT
INSURANCE CORPORATION’S
MOTION FOR ORDER APPROVING
SETTLEMENT AND BARRING CLAIMS
BY NON-SETTLING INSURERS

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vs.
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TRAVELERS INDEMNITY
13 COMPANY; et. al.,
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No. 2:14-cv-01957-BJR

Defendants.

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THIS MATTER having come on for consideration before The Honorable Barbara Jacobs

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Rothstein on Westport Insurance Corporation’s (“Westport”) Motion For Order Approving Settlement

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And Barring Claims By Non-Settling Insurers, and the Court having considered:
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Westport’s Motion For Order Approving Settlement And Barring Claims By Non-

Settling Insurers;

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2.

Declarations of Robin Craig and Ken Battis in support thereof;

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3.

Responses,

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The Court GRANTS Westport’s Motion for Order Approving Settlement and Barring Claims

24 and APPROVES the Confidential Settlement Agreement and Release (“Settlement Agreement”)
25 between Plaintiff King County and Defendant Westport. The Court further FINDS and ORDERS:
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1.

The Settlement Agreement between Westport and King County is reasonable, and was

ORDER (Cause No. 2:14-cv-01957-BJR) – 1

901 FIFTH AVENUE, SUITE 1700
SEATTLE, WASHINGTON 98164
TELEPHONE: [phone]
FAX: [phone]

1 the result of arm’s-length negotiations between parties represented by counsel. The Settlement
2 Agreement is not collusive, inadequate, or entered into for any other improper purpose.
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2.

The non-settling insurers are adequately protected based on, among other things, the

terms of the Settlement Agreement, the non-settling insurers’ retention of their coverage defenses.
And King County’s representations related to potential setoff for settlements in this case. See King
County v. Travelers Indem. Co., 2018 WL 1792189, at *3 (W.D. Wash. Apr. 16, 2018).

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3.

The Court ORDERS that all Claims, cross-claims, and counterclaims, by and against

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Westport 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 Westport by any other insurers of King County are hereby

12 BARRED.
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4.

The Court directs that this Order shall be entered as a final judgment under Federal

14 Rule of Civil Procedure 54(b).
15 IT IS SO ORDERED.
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DATED this 5th day of September, 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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24 s/ Sally E. Metteer
25 Sally E. Metteer, WSBA No. 20869
WILSON SMITH COCHRAN DICKERSON
26 901 Fifth Avenue, Suite 1700
ORDER (Cause No. 2:14-cv-01957-BJR) – 2

901 FIFTH AVENUE, SUITE 1700
SEATTLE, WASHINGTON 98164
TELEPHONE: [phone]
FAX: [phone]

1 Seattle, WA 98164
[phone] telephone
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[phone] facsimile
3 [e-mail]
4 s/ Robin D. Craig
Robin D. Craig
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Craig & Winkelman LLP
6 2140 Shattuck Avenue, Suite 409
Berkeley, CA 94704
7 [phone]
[e-mail]
8 Admitted Pro Hac Vice
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Attorneys for Defendant
10 Westport Insurance Corporation, formerly known as
Employers Reinsurance Corporation; and Westport
11 Insurance Corporation, as successor-in-interest to
Puritan Insurance Company, formerly known as
12 The Manhattan Fire & Marine Insurance Company
Westport Insurance Corporation
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ORDER (Cause No. 2:14-cv-01957-BJR) – 3

901 FIFTH AVENUE, SUITE 1700
SEATTLE, WASHINGTON 98164
TELEPHONE: [phone]
FAX: [phone]