Thunder Basin Coal Company, L.L.C. v. Zurich American Insurance Company et al
||Thunder Basin Coal Company, L.L.C.
||Zurich American Insurance Company, National Union Fire Insurance Company of Pittsburgh, PA, The Travelers Indemnity Company of America and The Travelers Property and Casualty Company of America
||February 9, 2012
||US District Court for the Eastern District of Missouri
||St. Louis Office
||St. Louis - County
||Stephen N. Limbaugh
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 1332
|Jury Demanded By:
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|December 9, 2013
MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that my August 27, 2013 ruling [# 118 ] as to Counts VI and VIII of the complaint is amended to grant partial summary judgment to plaintiff as follows: Partial summary judgment is granted on Counts VI and VIII to the extent that plaintiff Thunder Basin is entitled to a declaration that it is an additional insured under the policies and that Travelers Indemnity and Travelers Casualty owe a duty to defend it in the Wyoming act ions; Thunder Basin is also granted summary judgment on Counts IV and V as to liability only. IT IS FURTHER ORDERED that defendants' motions to clarify and to reconsider [# 123 , 124 ] are granted only to the extent set out herein and are othe rwise denied. IT IS FURTHER ORDERED that, as set out in the stipulation of dismissal [# 135 ] entered into between plaintiff and the settling defendants, Zurich American Insurance Company and National Union Insurance Company of Pittsburg, PA, all claims as to those settling defendants are dismissed with prejudice. Signed by District Judge Catherine D. Perry on 12/09/2013. (CBL)
|August 27, 2013
MEMORANDUM & ORDER. (see order for details) IT IS HEREBY ORDERED that the motion of defendants Travelers Indemnity Company of America and the Travelers Property and Casual Company of America for summary judgment [# 85 ] is denied. IT IS FURTHER OR DERED that the motion of plaintiff Thunder Basin Coal Company, L.L.C. for summary judgment [# 103 ] is granted to the extent that plaintiff is entitled to the declaratory relief sought in Counts VI and VIII and as to liability only in Counts IV and V . IT IS FURTHER ORDERED that the Court will hold a telephone conference on Friday, September 27, 2013 at 11:00 a.m. to discuss a schedule for trial of the remaining issues. Plaintiff's counsel is responsible for placing the call and having all necessary counsel on the line before calling chambers at (314) 244,7520. Signed by District Judge Catherine D. Perry on 08/27/2013. (CBL)
|May 2, 2013
MEMORANDUM AND ORDER re: 54 MOTION for Judgment on the Pleadings filed by Defendant National Union Fire Insurance Company of Pittsburgh, PA. IT IS HEREBY ORDERED that defendant National Union Fire Insurance Company's motion for judgment on the pleadings [#54] is DENIED. Signed by District Judge Catherine D. Perry on May 2, 2013. (MCB)
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