Utica Mutual Insurance Company v. Fireman's Fund Insurance Company, No. 6:2009cv00853 - Document 472 (N.D.N.Y 2020)

Court Description: DECISION and ORDER: Pursuant to the Mandate issued by the United States Court of Appeals for the Second Circuit on July 17, 2020, it is hereby ORDERED that 1. The December 13, 2017 jury verdict in favor of plaintiff Utica Mutual Insurance Company, ECF No. 440, and corresponding December 15, 2017 judgment, ECF No. 436, in favor of plaintiff Utica Mutual Insurance Company and against defendant Fireman's Fund Insurance Company in the amount of thirty-five million dollars ($35,000,000 .00), with interest calculated from September 22, 2008, at the statutory rate of 9% (NY Civ. Prac. L. & R.§§ 5003, 5004) for a total of twenty-nine million, ninety-two thousand, one hundred and ninety-one dollars and seventy-eight cen ts ($29,092,191.78), for a total judgment amount of sixty-four million, ninety-two thousand, one hundred and ninety-one dollars and seventy-eight cents ($64,092,191.78) is VACATED; and 2. The Clerk of the Court is directed to enter judgment in favor of defendant Fireman's Fund Insurance Company, dismissing all claims against it, and close the file. IT IS SO ORDERED. Signed by Judge David N. Hurd on 7/21/2020. (khr)

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Utica Mutual Insurance Company v. Fireman's Fund Insurance Company Doc. 472 Case 6:09-cv-00853-DNH-TWD Document 472 Filed 07/21/20 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------UTICA MUTUAL INSURANCE COMPANY, Plaintiff, -v- 6:09-CV-853 FIREMAN'S FUND INSURANCE COMPANY, Defendant. -------------------------------APPEARANCES: OF COUNSEL: SIDLEY AUSTIN LLP Attorneys for Plaintiff One South Dearborn Street Chicago, IL 60603 WILLIAM M. SNEED, ESQ. THOMAS D. CUNNINGHAM, ESQ. WILLIAMS LOPATTO PLLC Attorneys for Defendant 1200 New Hampshire Avenue Suite 750 Washington, DC 20036 JOHN B. WILLIAMS, ESQ. MARY A. LOPATTO, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Pursuant to the Mandate issued by the United States Court of Appeals for the Second Circuit on July 17, 2020, it is hereby ORDERED that 1. The December 13, 2017 jury verdict in favor of plaintiff Utica Mutual Insurance Company, ECF No. 440, and corresponding December 15, 2017 judgment, ECF No. 436, in Dockets.Justia.com Case 6:09-cv-00853-DNH-TWD Document 472 Filed 07/21/20 Page 2 of 2 favor of plaintiff Utica Mutual Insurance Company and against defendant Fireman's Fund Insurance Company in the amount of thirty-five million dollars ($35,000,000.00), with interest calculated from September 22, 2008, at the statutory rate of 9% (NY Civ. Prac. L. & R. ยงยง 5003, 5004) for a total of twenty-nine million, ninety-two thousand, one hundred and ninety-one dollars and seventy-eight cents ($29,092,191.78), for a total judgment amount of sixty-four million, ninety-two thousand, one hundred and ninety-one dollars and seventy-eight cents ($64,092,191.78) is VACATED; and 2. The Clerk of the Court is directed to enter judgment in favor of defendant Fireman's Fund Insurance Company, dismissing all claims against it, and close the file. IT IS SO ORDERED. Dated: July 21, 2020 Utica, New York. -2-

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