Employers Insurance Company of Wausau v. Kingstone Insurance Company
| Employers Insurance Company of Wausau |
| Kingstone Insurance Company |
| 1:2017cv03970 |
| May 25, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Deborah A. Batts |
| Insurance |
| 28 U.S.C. ยง 1332 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
64
ORDER: The Court having been advised by the parties that all remaining claims asserted herein have been settled in principle, Dkt. 63, it is ORDERED that the above-entitled action is hereby dismissed and discontinued without costs, and without prejud ice to the right to reopen the action within sixty days of the date of this Order if the settlement is not consummated, as further set forth in this order. The Clerk of Court is respectfully directed to close this case.' (Signed by Judge Paul A. Engelmayer on 4/13/2020) (jwh)
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Filing
60
ORDER: The Court accordingly directs counsel to meet and confer, and to file a joint letter on the docket of this case setting forth counsels' views as to (1) whether any issues remain to be resolved at this time, and if so, describing them and proposing a prompt schedule for briefing (or otherwise litigating) them; and (2) if no issues are presented, but issues may arise in the future depending on developments in the underlying action, whether this action should be placed on this Court's suspense docket pending progress in the underlying action. The parties' joint letter is due Friday, February 28, 2020. (Signed by Judge Paul A. Engelmayer on 2/20/2020) (jwh)
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Filing
59
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 58 Report and Recommendations. Accordingly, it is hereby ORDERED AND ADJUDGED as follows: 1. The Report and Recommendation of United States Magistrate Judge Stewart Aaron dated December 4, 2019 is hereby APPROVED, ADOPTED, and RATIFIED by the Court in its entirety; 2. Pursuant to Magistrate Judge Aaron's recommendation, Plaintiff's motion for partial summary judgment is hereby GRANTED. Defendant's motion for summary judgme nt is hereby DENIED; 3. Defendant Kingstone Insurance Company has a duty to defend Port Authority of New York and New Jersey, Capital Cleaning Contractors, Inc. of New York, and Bombardier Transportation (Holdings) USA Inc. in the underlying acti on, James Nunziato v. The Port Authority of New York and New Jersey, Bombardier Transportation (Holdings) USA Inc. and Capital Cleaning Contractors, Inc. of New York, Index No. 23303/2015E, which is pending in the Supreme Court of the State of New York, County of Bronx. Furthermore, Defendant's insurance coverage applies on a primary basis before coverage under Plaintiff's policy. SO ORDERED. (Signed by Judge Deborah A. Batts on 12/19/2019) (ks)
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| Plaintiff: Employers Insurance Company of Wausau | |
| Represented By: | Marshall Todd Potashner |
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| Defendant: Kingstone Insurance Company | |
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