King County v Travelers Indemnity Company et al

Filing 831

ORDER granting Defendant Old Republic Insurance Company's 790 Motion Approving Settlement and Barring Claims. The Court ORDERS that the cross-claims and counterclaims, by and against Old Republic 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 Old Republic by any other insurer alleged to provide insurance coverage to King County are hereby BARRED. Signed by Judge Barbara J. Rothstein. (TH)

THE HONORABLE BARBARA J. ROTHSTEIN

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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KING COUNTY,

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No. 2:14-cv-01957-BJR
Plaintiff,

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v.
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THE TRAVELERS INDEMNITY COMPANY,
et al.,

ORDER GRANTING DEFENDANT
OLD REPUBLIC INSURANCE
COMPANY’S MOTION FOR ORDER
APPROVING SETTLEMENT AND
BARRING CLAIMS

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Defendants.
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NOTED FOR HEARING:
August 1, 2019

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This matter comes before the Court on Defendant, Old Republic Insurance Company’s

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(“Old Republic”), Motion for Order Approving Settlement and Barring Claims. The Court has
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considered the motion and all pleadings and filings on record.

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The Court GRANTS Old Republic’s Motion for Order Approving Settlement and

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Barring Claims and APPROVES the Confidential Settlement Agreement and Release

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(“Settlement Agreement”) between Old Republic and Plaintiff King County with regard to King

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ORDER GRANTING DEFENDANT OLD REPUBLIC INSURANCE
COMPANY’S MOTION FOR ORDER APPROVING SETTLEMENT
AND BARRING CLAIMS - 1 of 2
(No. 2:14-cv-01957-MJP)
[4831-0128-1179]

LAW OFFICES

GORDON THOMAS HONEYWELL LLP
ONE UNION S QUARE
600 UNIVERS ITY, S UITE 2100
S EATTLE WA 98101-4185
[phone] - FACS IMILE [phone]

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County’s environmental claims concerning the Lower Duwamish Waterway in the Seattle,

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Washington area. The Court further FINDS and ORDERS:

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1.

The Settlement Agreement is reasonable; was the result of arm’s-length

negotiations between parties represented by counsel; and is not collusive, inadequate, or entered

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into for any improper purpose.
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2.

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

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Settlement Agreement, and King County’s representations relating to potential setoff for

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settlements in this case. See, e.g., King Cty. v. Travelers Indem. Co., 2018 U.S. Dist. LEXIS

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64763, at *17–18 (W.D. Wash. Apr. 16, 2018).
3.

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

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Republic in this action are DISMISSED with prejudice. The Court further ORDERS that any
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other claims for contribution, allocation, subrogation, and equitable indemnity, and any other
cause of action in connection with this action against Old Republic by any other insurer alleged
to provide insurance coverage to King County are hereby BARRED.
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 6th 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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ORDER GRANTING DEFENDANT OLD REPUBLIC INSURANCE
COMPANY’S MOTION FOR ORDER APPROVING SETTLEMENT
AND BARRING CLAIMS - 2 of 2
(No. 2:14-cv-01957-MJP)
[4831-0128-1179]

LAW OFFICES

GORDON THOMAS HONEYWELL LLP
ONE UNION S QUARE
600 UNIVERS ITY, S UITE 2100
S EATTLE WA 98101-4185
[phone] - FACS IMILE [phone]