XL Specialty Insurance Company v. Level Global Investors, L.P. et al
| XL Specialty Insurance Company |
| Level Global Investors, L.P., Anthony Chiasson, Gregory F. Brenner, David Ganek, Joseph L. Chiasson and Michael W. Alessi |
| 1:2012cv01598 |
| March 5, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Paul A. Engelmayer |
| Insurance |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
43
OPINION & ORDER re: 4 MOTION for Preliminary Injunction Requiring Plaintiff XL Specialty Insurance Company to Continue to Advance Defense Costs on Covered Claims filed by Level Global Investors, L.P. For the foregoing reasons, the Insureds& #039; motion for a preliminary injunction is granted. XL is ordered to resume the advancement of defense costs. To permit XL the opportunity to consider its appellate options, however, this Order will be stayed for 14 days, after which point, barring further order of this Court, this stay will terminate. The Clerk of Court is directed to terminate the motion at docket number 4. As noted in § II.F of this Order, the Court has identified a potential alternative ground for relief, based on wha t may have been the Insureds' detrimental reliance on XL. The Court directs counsel to meet and confer, on the schedule it has set forth herein, with respect to (1) developing the facts needed to resolve the issues relevant to this alternative g round, and (2) setting an expedited briefing schedule, consistent with the dates set forth herein. See pp. 42-44, supra. However, if XL decides not to appeal, there will be no need for expedited attention to these issues. (Signed by Judge Paul A. Engelmayer on 6/13/2012) (lmb)
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