Zurich American Insurance Company v. Fluor Corporation et al
| Zurich American Insurance Company |
| Fluor Corporation, Hartford Accident and Indemnity Company and Does 1 through 100 |
| Hartford Accident and Indemnity Company |
| Fluor Corporation |
| Hartford Accident and Indemnity Company |
| Zurich American Insurance Company |
| 4:2016cv00429 |
| March 29, 2016 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| Within US but Outside District |
| E. Richard Webber |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Both |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
773
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that witness Doe Run Resources Corporations Motion for Continued Sealing 759 is DENIED without prejudice to refiling at the conclusion of this civil action. IT IS FUTHER ORDERED that Defendant Zurich American Insurance Companys Motion for Continued Sealing until the conclusion of this action 760 is GRANTED. Signed by District Judge E. Richard Webber on 7/19/22. (KJS)
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Filing
763
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendant Zurich American Insurance Company's Motion for Bill of Costs [ECF No. 732 ] is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that the Clerk of Court shall tax costs in the amount of $178,589.64 against Plaintiff Fluor Corporation. Signed by District Judge E. Richard Webber on 4/21/2022. (JMP)
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Filing
757
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED Zurichs motion requesting the personal identities of five non-party individuals be redacted in the Courts Third Sanctions Order before it is unsealed 740 is GRANTED. The Court directs that the specified individuals names be replaced with their initials in the redacted version of the Courts Third Sanctions Order to be filed by Fluor and Non-Party Doe Run.. Signed by District Judge E Richard Webber on 11/15/21. (KJS)
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Filing
737
MEMORANDUM AND ORDER motion is IT IS HEREBY ORDERED that Fluors Motion to Unseal Court Order 727 is GRANTED in part. Fluor and Non-Party Doe Run shall jointly file a redacted version of the Courts Third Sanctions Order by November 15, 2021. Signed by Magistrate Judge Stephen R. Welby on 10/22/2021. (JMP)
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Filing
716
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED Zurichs Motion in Limine (No. 11) to exclude Zurichs attorneys recommendations and legal opinions 537 is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED Zurichs Motion in Limine (No. 12) to exclude legal opinions regarding policy limits 538 is GRANTED. Signed by District Judge E. Richard Webber on 7/25/21. (KJS)
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Filing
680
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED Defendant Zurich American Insurance Companys Motion in Limine (No. 1) to exclude argument that Fluor demanded Zurich settle the Bronson Smoger cases 528 is GRANTED. IT IS FURTHER ORDERED Zurichs Motion in Limine (No. 2) to preclude argument or evidence that it owed a duty to settle claims of uncovered plaintiffs 529 is DENIED as moot. IT IS FURTHER ORDERED Zurichs Motion in Limine (No. 3) to preclude argument or evidence that Plaintiffs $ 60 million settlement offer remained open 530 is DENIED. IT IS FURTHER ORDERED Zurichs Motion in Limine (No. 4) to preclude reference or argument that Zurich should have told Fluor the Doe Run Settlement number 531 is GRANTED. 48 IT IS FURTHER ORDE RED Zurichs Motion in Limine (No. 5) to exclude reference to discovery disputes and discovery sanctions 532 is GRANTED. IT IS FURTHER ORDERED Zurichs Motion in Limine (No. 6) to preclude evidence of its reinsurance 533 is GRANTED. IT IS FURTHER O RDERED Zurichs Motion in Limine (No. 7) to preclude evidence of its size, ownership, financial condition, and net worth 534 is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED Zurichs Motion in Limine (No. 8) to exclude evidence of othe r bad faith claims 551 is DENIED as premature. IT IS FURTHER ORDERED Zurichs Motion in Limine (No. 9) to preclude evidence of reserves and settlement authority 535 is DENIED. IT IS FURTHER ORDERED Zurichs Motion in Limine (No. 10) to preclude imp roper witness testimony 536 is GRANTED. IT IS FURTHER ORDERED Zurichs Motion to Bifurcate Punitive Damages 550 is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED Fluor Corporations Motion in Limine Number One 540 is GRANTED in part , and DENIED, in part. IT IS FURTHER ORDERED Fluors Motion in Limine Number Two 541 is DENIED. IT IS FURTHER ORDERED Fluors Motion in Limine Number Three 542 is GRANTED. IT IS FURTHER ORDERED Fluors Motion in Limine Number Four 543 is GRANTED i n part, and DENIED, in part. 49 IT IS FURTHER ORDERED Fluors Motion in Limine Number Five 544 is DENIED. IT IS FURTHER ORDERED Fluors Motion in Limine Number Six 546 is GRANTED in part, and DENIED, in part. IT IS FURTHER ORDERED Fluors Motion in Limine Number Seven 547 is GRANTED in part, and DENIED, in part. IT IS FURTHER ORDERED Fluors Motion in Limine Number Eight 548 is GRANTED. Signed by District Judge E. Richard Webber on 7/16/21. (KJS)
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Filing
667
MEMORANDUM AND ORDER motion is IT IS HEREBY ORDERED that Zurichs Rule 16 Motion requesting a determination of the policy limits at issuance in this case [ 545 ] is DENIED. IT IS FURTHER ORDERED that to enable the Court to determine the Policies limits at issue in this case, the parties will brief the matter as instructed above. Signed by District Judge E. Richard Webber on 7/12/2021. (JMP)
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Filing
556
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Fluor produce the remainder of John Wilson's handwritten Notepad to the Court for in camera review by June 7, 2021. Signed by District Judge E. Richard Webber on 6/4/2021. (JMP)
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Filing
524
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Zurich American Insurance Company's Motion to Compel Production 510 is GRANTED in part and DENIED in part as set forth in detail above. IT IS FURTHER ORDERED Fluor immediately produce John Wils on's scanned handwritten notes to Zurich. IT IS FURTHER ORDERED that Fluor provide the remainder of John Wilson's handwritten Notepad to the Court for in camera review. IT IS FURTHER ORDERED Fluor immediately produce John Wilson's co ntemporaneous e-mail communications with Fluor to Zurich (corresponding to Fluor's Privilege Log Entries 1711, 1717, and 1718). IT IS FURTHER ORDERED Fluor must produce Mr. Wilson for further deposition. IT IS FURTHER ORDERED that Fluor's Motion for Leave to File Supplemental Response to Zurich's Motion to Compel Production 521 is GRANTED. Signed by District Judge E. Richard Webber on 5/26/2021. (AFO)
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Filing
511
MEMORANDUM AND ORDER [SEE ORDER FOR COMPLETE DETAILS.] Signed by District Judge E. Richard Webber on 4/19/2021. (AFO)
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Filing
481
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Fluor Corporations Motion for Summary Judgment on Fluors Second Cause of Action for Bad Faith Failure to Settle in its Counterclaim [ECF No. 379 ] is DENIED. IT IS FURTHER ORDERED that Zurichs Motion for Partial Summary Judgment against Fluor [ECF No. 386 ] is GRANTED in part and DENIED in part as follows: Zurichs Motion for Summary Judgment on Fluors Second Cause of Action for Bad Faith Failure to Settle in its Counterclaim is DENIED. Zurichs Motion for Summary Judgment on Fluors Second Cause of Action for Bad Faith Failure to Defend is GRANTED, and Fluors claim for Bad Faith Failure to Defend is DISMISSED with prejudice. Zurichs Motion for Summary Judgment on Fluors request for Weighted Average Cost of Capital damages is DENIED as moot. IT IS FURTHER ORDERED that Fluors Motion for Summary Judgment against Zurich with respect to the First, Second and Third Causes of Action in Zurichs Complaint [ECF No. 389 ] is GRANTED. Zurichs Firs t, Second, and Third Causes of Action are DISMISSED with prejudice. IT IS FURTHER ORDERED that Fluors requests for oral argument on its Motions for Summary Judgment are DENIED. IT IS FURTHER ORDERED that Zurichs Motion to Exclude the Declaration of John M. Wilson [ECF No. 455 ] is DENIED.. Signed by District Judge E. Richard Webber on 9/22/20. (KJS)
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Filing
399
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Fluors Motion for Leave to Amend Counterclaims 341 is DENIED. IT IS FURTHER ORDERED that Zurichs Motion to File Supplemental Memorandum in Support of its Opposition is 356 is GRANTED. Signed by District Judge E. Richard Webber on 3/4/2020. (JMP)
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Filing
336
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED Zurich American Insurance Company's Motion to Compel Compliance with Subpoena Duces Tecum to Third Parties Witnesses 327 is DENIED. Signed by District Judge E. Richard Webber on 12/13/2019. (AFC)
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Filing
326
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Fluor Corporation's Hartford Accident and Indemnity Company's Motion to Dismiss Zurich American Insurance Company's Fourth Cause of Action against Hartford 256 is GRANTED. Zurich's Fourth Cause of Action will be DISMISSED without prejudice with regard to the extent Zurich seeks a declaration regarding exhaustion against Hartford. Signed by District Judge E. Richard Webber on 11/1/2019. (AFC)
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Filing
322
MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that Fluor Corporation's Motion to Dismiss the First, Second, and Third Causes of Action in Zurich's Complaint insofar as they seek a declaration that Zurich's Policies do not provide indemnity coverage [ECF No. 218 ] is GRANTED. Zurich's First, Second, and Third Causes of Action will be DISMISSED with regard to the extent that they seek a declaration regarding indemnity coverage. IT IS FURTHER ORDERED that Zu rich American Insurance Company's Motion for Partial Summary Judgment against Fluor Corporation with respect to Zurich's First Cause of Action [ECF No. 192 ] is DENIED as moot. IT IS FURTHER ORDERED that Fluor Corporation's Motion f or Partial Summary Judgment [ECF No. 220 ] against Zurich with respect to Zurich's Affirmative Defenses 1, 6, 7, and 18 to Fluor's Second Cause of Action for bad faith failure to settle is GRANTED. IT IS FURTHER ORDERED that Zurich American Insurance Company's Motion to Supplement the Parties Oral Arguments [ECF No. 283 ] is DENIED as moot. Signed by District Judge E. Richard Webber on 9/30/19. (EAB)
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Filing
308
MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that Fluor Corporation's Motion for Terminating Sanctions against Plaintiff/Counter-Defendant Zurich American Insurance Company 247 is DENIED. Signed by District Judge E. Richard Webber on 8/1/19. (EAB)
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Filing
295
MEMORANDUM AND ORDER Re: Defendant Fluor Corporations Statement of Fees (See Full Order) The Court finds Fluor reasonably worked a total of 696.50 hours between the dates of September 18, 2018, and February 7, 2019, to obtain this discovery. This t ime will be billed at $350 per hour, a reasonable rate for insurance litigation in the local St. Louis, Missouri market. Therefore, Zurich is ordered to pay, within 20 days of the date of this order, $243,775.00 to Fluor. Signed by District Judge E. Richard Webber on 7/26/19. (EAB)
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Filing
204
MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that Fluor Corporation's Motion for Sanctions against Plaintiff/Counter-Defendant Zurich American Insurance Company 162 is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERE D that Zurich American Insurance Company's Motion for Order Enlarging Time to Produce Documents Responsive to the Court's August 24, 2018 Order and October 17, 2018 Order to November 14, 2018 Due to Excusable Neglect 166 is DENIED. Signed by District Judge E. Richard Webber on 2/26/19. (EAB)
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Filing
62
MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that Plaintiff Zurich American Insurance Company's Motion to Disqualify Defendant Fluor Corporation's Counsel [ECF No. 48 ] is DENIED. Signed by District Judge E. Richard Webber on 10/18/16. (EAB)
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