Liberty Mutual Fire Insurance Company v. Hamilton Insurance Company

Justia Dockets & Filings Second Circuit New York Southern District Liberty Mutual Fire Insurance Company v. Hamilton Insurance Company

Liberty Mutual Fire Insurance Company v. Hamilton Insurance Company

Plaintiff:	Liberty Mutual Fire Insurance Company
Defendant:	Hamilton Insurance Company
Case Number:	1:2017cv02350
Filed:	March 31, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Katherine Polk Failla
Nature of Suit:	Insurance
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	None

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Date Filed	Document Text
December 11, 2018	Filing 111 OPINION AND ORDER re: 42 MOTION for Summary Judgment filed by Liberty Mutual Fire Insurance Company, 89 MOTION for Summary Judgment. filed by Hamilton Insurance Company, 93 MOTION for Summary Judgment. filed by Liberty Mutual Fire Insurance Company. For the reasons stated in this Opinion, Plaintiff's motion for summary judgment is GRANTED and Defendant's motion for summary judgment is DENIED. The Court ORDERS that Defendant reimbur se Plaintiff in the amount of $145,263.30, plus interest at 9% per annum from December 13, 2013. In its motion for summary judgment, Plaintiff requests the award of attorney's fees. If Plaintiff persists in this request, the parties are ORDERED to meet and confer on the issue in the 30 days following the issuance of this Opinion. If the parties are unable to come to agreement on this issue, counsel for Plaintiff is ORDERED to file a letter on or before January 18, 2019, proposi ng a briefing schedule. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/11/2018) (rro) Transmission to Orders and Judgments Clerk for processing.

Date Filed

Document Text

December 11, 2018

Filing 111 OPINION AND ORDER re: 42 MOTION for Summary Judgment filed by Liberty Mutual Fire Insurance Company, 89 MOTION for Summary Judgment. filed by Hamilton Insurance Company, 93 MOTION for Summary Judgment. filed by Liberty Mutual Fire Insurance Company. For the reasons stated in this Opinion, Plaintiff's motion for summary judgment is GRANTED and Defendant's motion for summary judgment is DENIED. The Court ORDERS that Defendant reimbur se Plaintiff in the amount of $145,263.30, plus interest at 9% per annum from December 13, 2013. In its motion for summary judgment, Plaintiff requests the award of attorney's fees. If Plaintiff persists in this request, the parties are ORDERED to meet and confer on the issue in the 30 days following the issuance of this Opinion. If the parties are unable to come to agreement on this issue, counsel for Plaintiff is ORDERED to file a letter on or before January 18, 2019, proposi ng a briefing schedule. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/11/2018) (rro) Transmission to Orders and Judgments Clerk for processing.

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Plaintiff: Liberty Mutual Fire Insurance Company
Represented By:	Marshall Todd Potashner
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Defendant: Hamilton Insurance Company
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