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03-281 - National American Insurance Company v. W&G et al


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03-281 - National American Insurance Company v. W&G et al
May 25, 2005
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MEMORANDUM AND ORDER - The Motion for Summary Judgment filed by Defendant W&G, Inc. as to the award of attorney's fees 36 is granted. Signed by Judge Laurie Smith Camp on 5/25/2005. (KBJ)
May 25, 2005
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JUDGMENT regarding Memorandum and Order 68 that the insurance coverage provided by Republic Western InsuranceCompany's policy is primary to the insurance coverage provided in NationalAmerican Insurance Company's commercial automobile policy for theaccident that occurred on August 13, 2001, which is the subject of theunderlying litigation; and based on National American Insurance Company's failure to reserve its rightto dispute coverage under its policy at a later time when it tendered W&G'sdefense to Republic Western Insurance Company, National AmericanInsurance Company is estopped from denying coverage under its policy to W&G, Inc., and National American Insurance Company has relinquishedany right it may have had to contribution from Republic Western InsuranceCompany for the amounts it contributed on behalf of W&G, Inc. to thesettlement of the underlying litigation and for the amount that it spent in W&G, Inc.'s defense. Judgment is entered in favor of W&G, Inc. and against National AmericanInsurance Company in the amount of $10,211.63, representing thereasonable attorney fees and expenses that W&G, Inc., incurred indefending its right to insurance coverage under the National AmericanInsurance Company policy in this action. Signed by Judge Laurie Smith Camp on 5/25/2005. (DKM, ) .
April 27, 2006
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ORDER OF DISMISSAL the Stipulation of Dismissal (Filing No. 80) is approved and the relief soughttherein is granted; All claims, counterclaims, and cross-claims in this action are herebydismissed with prejudice; and Each party will pay its own costs and attorneys' fees. Signed by Judge Laurie Smith Camp on 4/27/2006. (DKM, )