Allied Property and Casualty Insurance Company et al v. Bed Bath & Beyond, Inc. et al
| Allied Property And Casualty Insurance Company and AMCO Insurance Company |
| Bed Bath & Beyond, Inc. and Arch Insurance Company |
| 1:2012cv01265 |
| April 13, 2012 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| XX US, Outside State |
| Richard W. Story |
| Insurance |
| 28 U.S.C. ยง 2201 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
113
ORDER: The parties are ORDERED to confer and attempt to agree upon a schedule for proceeding with this case. If the parties are unable to agree upon a schedule within 14 days of the entry of this Order, they shall request a conference with the Court. If limited discovery is needed, the Court will allow it. Ultimately, the Court expects the parties to submit for decision only those fees for which Plaintiffs have specific objections. Signed by Judge Richard W. Story on 11/4/2014. (cem)
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Filing
97
ORDER: The Court finds as follows: 1. The $5 million increase of the 2010-11 Umbrella Policy amount is rescinded as to Bed Bath & Beyond, Inc., effective June 13, 2011; 2. Plaintiffs' duty to defend Bed Bath & Beyond, Inc. was discharged up on the May 3, 2011 payment to the Napa Trustee, which exhausted the policy limits under the 2009-10 Allied Policy, the 2010-11 Allied Policy, the 2009-10 Umbrella Policy, and the 2010-11 Umbrella Policy; 3. Because the excess clauses in the insurance policies are irreconcilable, the parties shall split, on a pro rata basis, any covered defense costs that Bed Bath & Beyond, Inc. or Arch Insurance Company incurred prior to the exhaustion of the policy limits; and 4. Bed Bath & Beyond, Inc.'s counterclaim for bad faith is due to be DISMISSED. Accordingly, Plaintiffs Allied Property and Casualty Insurance Company and AMCO Insurance Company's Motion for Summary Judgment 76 is GRANTED, and Defendant Arch Insurance Company's Moti on for Summary Judgment 75 and Defendant Bed Bath and Beyond's Motion for Summary Judgment 80 are DENIED. The case is STAYED for thirty (30) days, during which the parties shall endeavor to negotiate a resolution of the amount of defense co sts owed to Bed Bath & Beyond, Inc. and Arch Insurance Company. In that regard, the parties shall report their progress to the Court by filing a joint status report within thirty (30) days of the date of this Order. Signed by Judge Richard W. Story on 3/31/2014. (cem)
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Filing
49
ORDER denying Plaintiffs' 21 Motion to Dismiss Count III of Bed Bath & Beyond, Inc.'s Counterclaim. Signed by Judge Richard W. Story on 2/4/13. (cem)
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