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05-635 - GREAT NORTHERN INSUR, et al v. GREENWICH INSURANCE


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05-635 - GREAT NORTHERN INSUR, et al v. GREENWICH INSURANCE
August 24, 2007
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MEMORANDUM OPINION granting in part and denying in part 31 Plaintiffs' Motion for Summary Judgment; and granting in part and denying in part 35 Defendant's Motion for Summary Judgment. The only issue left for trial is whether Great Northern made payments on behalf of Atlas Resources. Signed by Judge Joy Flowers Conti on 8/24/07. (cal )
May 12, 2008
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ORDER granting 53 Plaintiffs' Motion for Reconsideration. The court's prior determination that Greenwich's liability for equitable contribution in this case (if any) is limited to $100,000.00 was based solely upon the perceived availability of coverage for bodily injury resulting from a blowout like that which occurred at the Ronco Well. It is now clear to the court that coverage for bodily injury would not exist for a blowout. The courts prior opinion is VACATED insofar as it held that Greenwichs liability for equitable contribution (if any) is limited to $100,000.00. The prior opinion remains valid in all other respects. Plaintiffs' motion for reconsideration is GRANTED and the court concludes there are genuine issues of material fact relating to whether the blowout coverage would be illusory if the $100,000 limitation were imposed. Under those circumstances, summary judgment cannot be granted in favor of Greenwich on that issue. Signed by Judge Joy Flowers Conti on 05/12/08. (cal )
October 16, 2008
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MEMORANDUM OPINION -- as set forth more fully in the memorandum opinion, the evidence of record does not show that either plaintiff discharged an obligation for the benefit of Greenwich. Plaintiffs failed to establish they discharged the debt for the benefit of defendant, which is the second element of an equitable contribution claim, and judgment must be entered in favor of defendant. The other issues for trial need not be reached. An appropriate order will be entered. Signed by Judge Joy Flowers Conti on 10/16/2008. (bjk)