King County v. Travelers Indemnity Company

1 THE HON. BARBARA JACOBS ROTHSTEIN 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE KING COUNTY, a Washington municipal corporation, No. 2:14-cv-01957-BJR Plaintiff, | ORDER GRANTING WESTPORT 11 INSURANCE CORPORATION’S vs. MOTION FOR ORDER APPROVING 12 SETTLEMENT AND BARRING CLAIMS B TRAVELERS INDEMNITY BY NON-SETTLING INSURERS COMPANY; et. al., Defendants.

THIS MATTER having come on for consideration before The Honorable Barbara Jacobs Rothstein on Westport Insurance Corporation’s (“Westport”) Motion For Order Approving Settlement And Barring Claims By Non-Settling Insurers, and the Court having considered: 19 1. Westport’s Motion For Order Approving Settlement And Barring Claims By Non- Settling Insurers; 21 2. Declarations of Robin Craig and Ken Battis in support thereof; 22 3. Responses, 23 The Court GRANTS Westport’s Motion for Order Approving Settlement and Barring Claims APPROVES the Confidential Settlement Agreement and Release (“Settlement Agreement”) || between Plaintiff King County and Defendant Westport. The Court further FINDS and ORDERS: 26 1. The Settlement Agreement between Westport and King County is reasonable, and was ORDER (Cause No. 2:14-cv-01957-BJR) — 1 WILSON _ 901 FIFTH AVENUE, SUITE 1700 A SMITH SEATTLE, WASHINGTON 98164 Z COCHRAN TELEPHONE: (206) 623-4100 UV DICKERSON _FAX: (206) 623-9273 the result of arm’s-length negotiations between parties represented by counsel. The Settlement Agreement is not collusive, inadequate, or entered into for any other improper purpose.

3 2. The non-settling insurers are adequately protected based on, among other things, the terms of the Settlement Agreement, the non-settling insurers’ retention of their coverage defenses.

And King County’s representations related to potential setoff for settlements in this case. See King County v. Travelers Indem. Co., 2018 WL 1792189, at *3 (W.D. Wash. Apr. 16, 2018).

3. The Court ORDERS that all Claims, cross-claims, and counterclaims, by and against Westport in this action are DISMISSED with PREJUDICE. The Court further ORDERS that any other claims for contribution, allocation, subrogation, and equitable indemnity and any other cause of action in connection with this action against Westport by any other insurers of King County are hereby || BARRED.

13 4. The Court directs that this Order shall be entered as a final judgment under Federal 14)| Rule of Civil Procedure 54(b).

15 || IT IS SO ORDERED.

16 DATED this 5th day of September, 2019.

0 Barbara Jacobs Rothstein U.S. District Court Judge Presented by: s/_ Sally E. Metteer || Sally E. Metteer, WSBA No. 20869 WILSON SMITH COCHRAN DICKERSON Fifth Avenue, Suite 1700 ORDER (Cause No. 2:14-cv-01957-BJR) — 2 WILSON _ 901 FIFTH AVENUE, SUITE 1700 A SMITH SEATTLE, WASHINGTON 98164 Z COCHRAN TELEPHONE: (206) 623-4100 IA DICKERSON FAX! (206) 623-9273 Seattle, WA 98164 > (206) 623-4100 telephone (206) 623-9273 facsimile || metteer@ wsced.com 41) Robin D. Craig Robin D. Craig Craig & Winkelman LLP || 2140 Shattuck Avenue, Suite 409 Berkeley, CA 94704 || (510) 549-3310 rcraig @craig-winkelman.com Admitted Pro Hac Vice ? Attorneys for Defendant || Westport Insurance Corporation, formerly known as Employers Reinsurance Corporation; and Westport || Insurance Corporation, as successor-in-interest to Puritan Insurance Company, formerly known as The Manhattan Fire & Marine Insurance Company Westport Insurance Corporation ORDER (Cause No. 2:14-cv-01957-BJR) — 3 WILSON 901 FIFTH AVENUE, SUITE 1700 A SMITH SEATTLE, WASHINGTON 98164 i COCHRAN TELEPHONE: (206) 623-4100 UV DICKERSON _FAX: (206) 623-9273