Allstate Insurance Company v. Hartford Insurance Company of the Midwest

Justia Dockets & Filings Second Circuit New York Southern District Allstate Insurance Company v. Hartford Insurance Company of the Midwest

Allstate Insurance Company v. Hartford Insurance Company of the Midwest

Plaintiff:	Allstate Insurance Company
Defendant:	Hartford Insurance Company of the Midwest
Case Number:	1:2017cv07553
Filed:	October 3, 2017
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Sidney H. Stein
Nature of Suit:	Insurance
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	None

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Date Filed	Document Text
July 12, 2019	Filing 59 OPINION AND ORDER re: 40 MOTION for Summary Judgment . filed by Allstate Insurance Company, 32 MOTION for Summary Judgment . filed by Hartford Insurance Company of the Midwest. WHP held a co-primary policy from Hartfor d that was rendered excess by its "other insurance clause." Although Hartford did not initially have a duty to defend its insured, Hartford triggered a contribution obligation by actively participating in WHP' s defense. Having express ed its intent to recover costs from Hartford in its August 12, 2016, letter, Allstate has not indicated an intent to relinquish its right to contribution. However, given its significant delay in asserting this right, Allstate may only recover legal e xpenses incurred after August 12, 2016, at a rate proportional to the primary policies' limits. Hartford's motion for summary judgment is denied, and Allstate's motion for summary judgment is granted in part and denied in part. SO ORDERED. (Signed by Judge Sidney H. Stein on 7/12/2019) (kv)

Date Filed

Document Text

July 12, 2019

Filing 59 OPINION AND ORDER re: 40 MOTION for Summary Judgment . filed by Allstate Insurance Company, 32 MOTION for Summary Judgment . filed by Hartford Insurance Company of the Midwest. WHP held a co-primary policy from Hartfor d that was rendered excess by its "other insurance clause." Although Hartford did not initially have a duty to defend its insured, Hartford triggered a contribution obligation by actively participating in WHP' s defense. Having express ed its intent to recover costs from Hartford in its August 12, 2016, letter, Allstate has not indicated an intent to relinquish its right to contribution. However, given its significant delay in asserting this right, Allstate may only recover legal e xpenses incurred after August 12, 2016, at a rate proportional to the primary policies' limits. Hartford's motion for summary judgment is denied, and Allstate's motion for summary judgment is granted in part and denied in part. SO ORDERED. (Signed by Judge Sidney H. Stein on 7/12/2019) (kv)

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Plaintiff: Allstate Insurance Company
Represented By:	Jessica Lynn Foscolo
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Defendant: Hartford Insurance Company of the Midwest
Represented By:	Marci Goldstein Kokalas
Represented By:	Stephen Michael Lazare
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