Axis Reinsurance Company v. Northrop Grumman Corporation

Justia Dockets & Filings Ninth Circuit California Central District Axis Reinsurance Company v. Northrop Grumman Corporation

Axis Reinsurance Company v. Northrop Grumman Corporation

Plaintiff:	Axis Reinsurance Company
Defendant:	Northrop Grumman Corporation
Case Number:	2:2017cv08660
Filed:	November 30, 2017
Court:	US District Court for the Central District of California
Presiding Judge:	Andre Birotte
Presiding Judge:	Jacqueline Chooljian
Nature of Suit:	Other

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Date Filed	Document Text
January 2, 2019	Filing 118 REDACTED JUDGMENT by Judge Andre Birotte Jr.: IT IS HEREBY ADJUDGED, ORDERED, AND DECREED that judgment be entered in favor of Plaintiff AXIS Reinsurance Company ("AXIS") and against defendant Northrop Grumman Corporation ("Northrop&qu ot;), as follows: (1) For the reasons stated in the Order Granting Plaintiff's Motion for Summary Judgment 107 , the Court declares, as a matter of law, AXIS's payment towards the settlement of the action entitled In re Northrop Grumman Co rporation ERISA Litigation, U.S. District Court for the Central District of California, Case No. 2:06-cv-6213 ("Grabek Settlement") was not covered by AXIS policy no. RLN715889/01/2006 issued to Northrop for the 8/1/2006 to 8/1/2007 policy period ("2006 AXIS Policy") because the 2006 AXIS Policy was prematurely triggered by underlying insurers National Union Fire Ins. Co. of Pittsburgh, Pa. and Continental Casualty Co.'s payment of uninsurable loss in the form of the set tlement of an investigation by the Secretary of Labor of the United States Department of Labor for alleged violations by Northrop of provisions of Title I of ERISA ("DOL Settlement"); (2) That Northrop reimburse AXIS for the portion of the sum AXIS contributed toward the Grabek Settlement equal to payment of the uninsurable DOL Settlement; (3) That Northrop pay to AXIS in pre-judgment interest accrued from 11/30/2017, the date that AXIS paid its portion of the Grabek Settlement to 1/2/ 2019, the date of this judgment, using the 10 percent per annum rate pursuant to Section 3289 of the California Civil Code. (4) That AXIS recovers its costs subject to Federal Rule of Civil Procedure 54(d) and 28 U.S.C. Section 1920. AXIS shall submit a bill of costs within 14 days from the date of this judgment. (MD JS-6, Case Terminated). (gk)

Date Filed

Document Text

January 2, 2019

Filing 118 REDACTED JUDGMENT by Judge Andre Birotte Jr.: IT IS HEREBY ADJUDGED, ORDERED, AND DECREED that judgment be entered in favor of Plaintiff AXIS Reinsurance Company ("AXIS") and against defendant Northrop Grumman Corporation ("Northrop&qu ot;), as follows: (1) For the reasons stated in the Order Granting Plaintiff's Motion for Summary Judgment 107 , the Court declares, as a matter of law, AXIS's payment towards the settlement of the action entitled In re Northrop Grumman Co rporation ERISA Litigation, U.S. District Court for the Central District of California, Case No. 2:06-cv-6213 ("Grabek Settlement") was not covered by AXIS policy no. RLN715889/01/2006 issued to Northrop for the 8/1/2006 to 8/1/2007 policy period ("2006 AXIS Policy") because the 2006 AXIS Policy was prematurely triggered by underlying insurers National Union Fire Ins. Co. of Pittsburgh, Pa. and Continental Casualty Co.'s payment of uninsurable loss in the form of the set tlement of an investigation by the Secretary of Labor of the United States Department of Labor for alleged violations by Northrop of provisions of Title I of ERISA ("DOL Settlement"); (2) That Northrop reimburse AXIS for the portion of the sum AXIS contributed toward the Grabek Settlement equal to payment of the uninsurable DOL Settlement; (3) That Northrop pay to AXIS in pre-judgment interest accrued from 11/30/2017, the date that AXIS paid its portion of the Grabek Settlement to 1/2/ 2019, the date of this judgment, using the 10 percent per annum rate pursuant to Section 3289 of the California Civil Code. (4) That AXIS recovers its costs subject to Federal Rule of Civil Procedure 54(d) and 28 U.S.C. Section 1920. AXIS shall submit a bill of costs within 14 days from the date of this judgment. (MD JS-6, Case Terminated). (gk)

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Plaintiff: Axis Reinsurance Company
Represented By:	Alec H Boyd
Represented By:	Kim W West
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Defendant: Northrop Grumman Corporation
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