King County v. Travelers Indemnity Company

1 THE HONORABLE BARBARA J. ROTHSTEIN 8 UNITED STATES DISTRICT COURT 9 WESTERN DISTRICT OF WASHINGTON 10 AT SEATTLE KING COUNTY, a Washington municipal corporation, Case No. 2:14-cv-01957-BJR Plaintiff, ORDER GRANTING NATIONAL 13 SURETY CORPORATION’S v. MOTION FOR (1) ORDER 14 APPROVING SETTLEMENT AND TRAVELERS INDEMNITY COMPANY, et al., BARRING CONTRIBUTION 15 CLAIMS; AND (2) DISMISSAL OF Defendants. CONTRIBUTION CLAIMS Note on Motion Calendar: 17 Friday, September 6, 2019 19 THIS MATTER having come on for consideration before The Honorable Barbara Jacobs Rothstein on National Surety Corporation’s (“National Surety”) Motion For Order (1) Approving Settlement and Barring Contribution Claims; and (2) Dismissal of Contribution Claims, and the Court having considered: 1. National Surety’s Motion For Order (1) Approving Settlement and Barring Contribution Claims; and (2) Dismissal of Contribution Claims; 2. Declaration of Jodi A. McDougall; and ORDER GRANTING NATIONAL SURETY’S MOTION FOR LAW OFFICES OF (1) ORDER APPROVING SETTLEMENT AND BARRING A PRC OFO EZ SE SIN O NO AL’C CO ORN PN OO RAR T ION THIRD AVENUE 1 3. NOTICE of Joinder, 2 The Court GRANTS National Surety’s Motion For Order (1) Approving Settlement And Barring Contribution Claims; And (2) Dismissal Of Contribution Claims and APPROVES the Confidential Settlement Agreement and Release (“Settlement Agreement”) between Plaintiff King County and Defendant National Surety. The Court further FINDS and ORDERS: 1. The Settlement Agreement between King County and National Surety is reasonable, and was 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.

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 settlement in this case.

14 See King County v. Travelers Indem. Co., 2018 WL 1792189, at *3 (W.D. Wash. Apr. 16, 2018).

15 3. The Court ORDERS that all insurer cross-claims against National Surety 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 National Surety by any other insurers of King County are hereby BARRED. /// ///

ORDER GRANTING NATIONAL SURETY’S MOTION FOR LAW OFFICES OF (1) ORDER APPROVING SETTLEMENT AND BARRING A PRC OFO EZ SE SIN O NO AL’C CO ORN PN OO RAR T ION THIRD AVENUE 4. The Court directs that this Order shall be entered as a final judgment under Federal Rule of Civil Procedure 54(b).

3 IT IS SO ORDERED.

DATED this 7th day of October, 2019.

A 8 Barbara Jacobs Rothstein U.S. District Court Judge Presented by: 12 /s/ Jodi A. McDougall Jodi A. McDougall, WSBA No. 22060 Nadia Bugaighis, WSBA No. 45492 Third Avenue, Suite 1900 Seattle, Washington 98104 Telephone: 206.340.1000 Toll Free Phone: 800.423.1950 Facsimile: 206.621.8783 Email: [email protected] [email protected] Attorneys for Defendant National Surety Corporation ORDER GRANTING NATIONAL SURETY’S MOTION FOR LAW OFFICES OF (1) ORDER APPROVING SETTLEMENT AND BARRING A PRC OFO EZ SE SIN O NO AL’C CO ORN PN OO RAR T ION THIRD AVENUE