Repwest Insurance Company v. Praetorian Insurance Company et al

Plaintiff: Repwest Insurance Company
Defendant: Praetorian Insurance Company, QBE Insurance Group Limited and AON Benfield Incorporated
Case Number: 2:2012cv00369
Filed: February 22, 2012
Court: Arizona District Court
Office: Phoenix Division Office
County: Maricopa
Presiding Judge: James A Teilborg
Nature of Suit: Insurance
Cause of Action: 28:1441
Jury Demanded By: Plaintiff

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Date Filed#Document Text
August 28, 2012 54 Opinion or Order of the Court ORDER that Defendant Praetorian's 11 Motion to Dismiss or Stay Proceedings and Compel Arbitration is granted in part and denied in part as follows: that Defendant Praetorian's Motion to Dismiss and Compel Arbitration is granted; Denying Defendant Praetorian's alternative Motion to Stay as moot. Plaintiff's claims against Defendant Praetorian are dismissed without prejudice to the Parties' arbitrating those claims. Plaintiff and Defendant Praetorian are ORDERED to p roceed to arbitration pursuant to the 1991 Agreements. That Defendant Aon Benfield, Inc.'s 40 Motion to Dismiss, or in the Alternative Motion to Stay is granted in part and denied in part as follows: Plaintiff's claims against Defenda nt Aon Benfield, Inc. (Counts VI and V) are dismissed. Plaintiff may file an amended Complaint within 20 days of the date of this Order. If Plaintiff fails to file an amended Complaint within 20 days of the date of this Order, the Clerk of the Cou rt shall dismiss all claims against Defendant Aon Benfield, Inc. with prejudice. Defendant Aon Benfield, Inc.'s Motion to Stay is denied without prejudice to Defendant Aon Benfield, Inc. reasserting if Plaintiff chooses to file an amended Com plaint. That Plaintiff's 34 Motion to Stay Arbitration is granted to the extent it seeks to prohibit Defendant Praetorian from arbitrating claims for fraudulent inducement and negligent misrepresentation and is otherwise denied. That Def endant QBE Insurance Group Ltd's 16 Motion to Dismiss is granted in part and denied in part as follows: that Defendant QBE's Motion to Dismiss for lack of personal jurisdiction is granted; that QBE's alternative Motion to Dismiss for insufficient process and failure to state a claim is denied as moot. Plaintiff's claims against Defendant QBE are dismissed without prejudice to Plaintiff reasserting in a Court of proper jurisdiction. Signed by Judge James A Teilborg on 8/28/12.(DMT)

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Plaintiff: Repwest Insurance Company
Represented By: Daniel Jacob Steimel
Represented By: Carlyle Washington Hall, III
Represented By: Troy Blinn Froderman
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Defendant: Praetorian Insurance Company
Represented By: James Duane Burgess
Represented By: John Christopher Gooch
Represented By: Robert Cary Leventhal
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Defendant: QBE Insurance Group Limited
Represented By: John Christopher Gooch
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Defendant: AON Benfield Incorporated
Represented By: Timothy E Branson
Represented By: Bryan C Keane
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