Colony Tire Corporation v. Federal Insurance Company
||Colony Tire Corporation
||Federal Insurance Company
||July 14, 2015
||US District Court for the Eastern District of North Carolina
||Northern Division Office
||Louise Wood Flanagan
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|January 26, 2017
JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED in accordance with the court's orders entered November 14, 2016 and January 26, 2017, that plaintiff's motion for summary judgment is granted and defendant's motion for summary judgment i s denied. It is DECLARED and ADJUDGED that defendant owes a duty under the policy to pay plaintiff for the damages it sustained due to the unlawful taking of $492,350.53, and that defendant has breached its duties under the policy by refusing to pay plaintiff for the unlawful taking. Plaintiff's motion for bill of costs is GRANTED and defendant shall reimburse the sum of plaintiff's damages, costs of court, and pre-judgment interest amounting to $556,625.66, and, in addition, any post-judgment interest as may be necessary to comply with this courts order. Signed by Julie Richards Johnston, Clerk of Court on 1/26/2017. (Baker, C.)
|November 14, 2016
ORDER granting 23 Motion for Summary Judgment and denying 26 Motion for Summary Judgment - It is DECLARED and ADJUDGED that defendant owes a duty under the policy to pay plaintiff for the damages it sustained due to the unlawful taking of $492,350.53 and that defendant has breached its duties under the policy by refusing to pay plaintiff for the unlawful taking. However, before entry of final judgment, the court must determine issues regarding costs, fees, and interest. Accordingly, plaintiff is DIRECTED to file additional briefing in support of its prayer for costs of court, attorney's fees, and interest allowed by law within 21 days of this order. Defendant shall have 14 days to respond, after which time the court shall rule on all remaining issues raised by the instant motion and enter final judgment. Signed by District Judge Louise Wood Flanagan on 11/14/2016. (Tripp, S.)
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