Westfield Insurance Company v. Indemnity Insurance Company of North America et al
| Westfield Insurance Company |
| Indemnity Insurance Company of North America, Sandstone North, LLC, Sandstone South, LLC, Hollis Shafer, Star Insurance Company, Alvin F. Marsh, Beverly Marsh, Marsh Enterprises d/b/a Sand Burr Farms, Alvin F. Marsh Trust, Henry Likes, Maxine Likes, Gary Westermeyer, Teresa Westermeyer, Westermeyer Industries, Inc., Fred Barnett, Roberta Barnett, Jimmie Gregory and Marcella Gregory |
| 3:2016cv03298 |
| November 3, 2016 |
| US District Court for the Central District of Illinois |
| Springfield Office |
| XX US, Outside State |
| Sue E. Myerscough |
| Tom Schanzle-Haskins |
| Insurance |
| 28 U.S.C. ยง 2201 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
123
OPINION: Judgment is entered in favor of Westfield Insurance Company and against Indemnity Insurance Company of North America in the sum of $586,824.21; and enters judgment in favor of Star Insurance Company and against Indemnity Insurance Compa ny of North America in the sum of $617,920.26. The Clerk is directed to enter this Opinion, and a Judgment pursuant to Fed. R. Civ. P. 58, in each of these two consolidated cases, but Westfield Insurance Company and Star Insurance Company are on ly entitled to one recovery. Westfield's Rule 54(b) Motion for Entry of Judgment (Case No 16-3298 d/e 121 , Case No. 14-3040 d/e 131 ) is DENIED as moot. All other motions are denied as moot. This case is CLOSED. See written Opinion. Entered by Judge Sue E. Myerscough on 03/31/2021. (SKN)
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Filing
119
OPINION: The Court directs Star Insurance Company to submit competent evidence, either affidavits or declarations from persons with personal knowledge or other competent documentary evidence, to establish the nature of Paule Firm's involvement i n the Underlying Action, including the identity of its client and the nature of the work performed for that client. Such information is necessary before the Court can determine whether Indemnity should be required to pay a pro rata share of the Paule Firm's fees and costs included in Star's calculation. The Court directs Star Insurance Company to submit such evidence by February 21, 2020. SEE ATTACHED OPINION. Entered by Judge Sue E. Myerscough on 01/16/2020. (SKN, ilcd)
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Filing
118
OPINION: Indemnity Insurance Company of North Americas Motion for Reconsideration Under Rule 59(e) Regarding (I) Finding of Equitable Contribution Liability During Period of Deactivation; and (II) Findings Pertaining to Star's Duty to Defend (Case No. 16-3298 d/e 112 , Case No. 14-3040 d/e 122 ) is DENIED. SEE WRITTEN OPINION. Entered by Judge Sue E. Myerscough on 01/15/2020. (SKN, ilcd)
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Filing
111
OPINION: Westfield Insurance Company's Motion for Summary Judgment (Case No. 14-3040 d/e 100 , Case No. 16-3298 d/e 90 ) and Star Insurance Company's Motion for Summary Judgment (Case No. 14-3040 d/e 104 , Case No. 16-3298 d/e 94 ) are GRANTED in part; and Indemnity Insurance Company of North America's Motion for Summary Judgment (Case No. 14-3040 d/e 102 , Case No. 16-3298 d/e 92 ) is DENIED. The Court enters partial summary judgment in favor of Westfield Insurance Company and Star Insurance Company and against Indemnity Insurance Company of North America. The Court declares that Indemnity Insurance Company of North America is obligated to pay a pro rata share of the defense cost of the Underlying Action with Westfie ld Insurance Company and Star Insurance Company. The Court orders Indemnity Insurance Company of North America to reimburse Westfield Insurance Company and Star Insurance Company for a pro rata share of the defense costs paid to date by Westfield In surance Company and Star Insurance Company, plus prejudgment interest at the statutory rate of 5 percent pursuant to 815 ILCS 205/2, as discussed above. The Court directs the parties to meet, confer, and submit to the Court by November 30, 2019, an a greed calculation of the fees and costs paid by Westfield and Star to defend the Underlying Action, the pro rata share owed by Indemnity to Westfield and Star, and the appropriate amount of prejudgment interest. If the parties cannot agree, each sha ll submit its calculation with supporting evidence by November 30, 2019. The Court will then resolve any disputes in the calculations and enter the final judgment. Defendant/Counter-Plaintiff Star Insurance Company's original and corrected Mot ion to Strike Certain IINA Reply Brief Arguments on Grounds of Improper Sandbagging or, in the Alternative, for Leave to File a Sur-Reply to Those Arguments (Case No. 14-3040 d/e 118 , Case No. 16-3298 d/e 107 and 108 ) are DENIED as moot. SEE WRITTEN OPINION. Entered by Judge Sue E. Myerscough on 10/25/2019. (SKN, ilcd)
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