Sacks v. Executive Risk Indemnity Inc.

Justia Dockets & Filings Second Circuit New York Southern District Sacks v. Executive Risk Indemnity Inc.

Sacks v. Executive Risk Indemnity Inc.

Plaintiff:	Douglas L. Sacks
Defendant:	Executive Risk Indemnity Inc.
Case Number:	1:2008cv08902
Filed:	October 16, 2008
Court:	US District Court for the Southern District of New York
Office:	Insurance Office
County:	New York
Presiding Judge:	Unassigned
Nature of Suit:	None
Cause of Action:	Diversity
Jury Demanded By:	28:1332 Diversity-Insurance Contract

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Date Filed	Document Text
September 23, 2010	Filing 38 MEMORANDUM OPINION AND ORDER. Allianz's Motion for Summary Judgment is granted in part and denied in part. Allianz is entitled as a matter of law to recover $975,000.00, representing the amount it paid to settle claims arising from Sacks� 39;s accident in December, 2003, as well as the costs and attorney's fees it incurred in connection with the underlying Hagaman Action. Insofar as Allianz seeks payment of costs and fees associated with the instant action, however, it is not ent itled to recover them and, consequently, Allianz's motion is denied and Sacks's is granted to that limited extent. In the ERII Action, Sacks's Motion for Summary Judgment is denied in its entirety, and ERII's motion for summary ju dgment is granted in its entirety. This Memorandum Opinion and Order resolves docket entry nos. 45, 49 and 59 in case No. 08 Civ. 563, and docket entries nos. 18 and 23 in case No. 08 Civ. 8902. The Clerk of Court is respectfully directed to enter ju dgment dismissing the complaint in the ERII Action (No. 08 Civ. 8902). Allianz is directed to file with the Clerk of Court and serve upon Sacks's counsel by no later than October 6, 2010, a sworn affidavit enumerating costs and fees incurred in the underlying Hagaman Action and the date upon which it made payment pursuant to the settlement of the Hagaman Action. Any objection to the amounts requested must be served and filed by October 20, 2010. Courtesy copies of the submissions must be provided for Chambers. SO ORDERED. Relates to 08-563, 08-8902. (Signed by Judge Laura Taylor Swain on 9/23/10) (rjm)

Date Filed

Document Text

September 23, 2010

Filing 38 MEMORANDUM OPINION AND ORDER. Allianz's Motion for Summary Judgment is granted in part and denied in part. Allianz is entitled as a matter of law to recover $975,000.00, representing the amount it paid to settle claims arising from Sacks� 39;s accident in December, 2003, as well as the costs and attorney's fees it incurred in connection with the underlying Hagaman Action. Insofar as Allianz seeks payment of costs and fees associated with the instant action, however, it is not ent itled to recover them and, consequently, Allianz's motion is denied and Sacks's is granted to that limited extent. In the ERII Action, Sacks's Motion for Summary Judgment is denied in its entirety, and ERII's motion for summary ju dgment is granted in its entirety. This Memorandum Opinion and Order resolves docket entry nos. 45, 49 and 59 in case No. 08 Civ. 563, and docket entries nos. 18 and 23 in case No. 08 Civ. 8902. The Clerk of Court is respectfully directed to enter ju dgment dismissing the complaint in the ERII Action (No. 08 Civ. 8902). Allianz is directed to file with the Clerk of Court and serve upon Sacks's counsel by no later than October 6, 2010, a sworn affidavit enumerating costs and fees incurred in the underlying Hagaman Action and the date upon which it made payment pursuant to the settlement of the Hagaman Action. Any objection to the amounts requested must be served and filed by October 20, 2010. Courtesy copies of the submissions must be provided for Chambers. SO ORDERED. Relates to 08-563, 08-8902. (Signed by Judge Laura Taylor Swain on 9/23/10) (rjm)

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Plaintiff: Douglas L. Sacks
Represented By:	Joshua Adam Siegel
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Defendant: Executive Risk Indemnity Inc.
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