CENTURY INDEM. CO. v. MARINE GROUP, LLC

Civ. No. 08-1375-AC.

848 F.Supp.2d 1229 (2012)

CENTURY INDEMNITY COMPANY, a Pennsylvania Corporation, Plaintiff, v. The MARINE GROUP, LLC, a California limited liability company, as affiliated with Northwest Marine, Inc.; Northwest Marine, Inc., an inactive Oregon corporation, as affiliated with Northwest Marine Iron Works; Northwest Marine Iron Works, an inactive Oregon corporation, Defendants. The Marine Group, LLC, a California limited liability company, as affiliated with Northwest Marine, Inc.; Northwest Marine, Inc., an inactive Oregon corporation, as affiliated with Northwest Marine Iron Works; Northwest Marine Iron Works, an inactive Oregon corporation; and Bae San Diego Ship Repair, Inc., a California corporation, Third-Party Plaintiffs, v. Agricultural Insurance Company, an Ohio corporation; American Centennial Insurance Company, a Delaware corporation; Chicago Insurance Company, an Illinois corporation; Continental Insurance Company, a Pennsylvania corporation; Employers Mutual Casualty Company, an Iowa corporation; Federal Insurance Company, an Indiana corporation; Granite State Insurance Company, a Pennsylvania corporation; Hartford Insurance Company, a Connecticut corporation; Insurance Company of the State of Pennsylvania, a New Jersey corporation; Insurance Company of North America, a Pennsylvania corporation; Certain Underwriters at Lloyd's, London, and Certain London Market Insurance Companies, each a foreign corporation; National Union Fire Insurance Company of Pittsburgh, a Pennsylvania corporation; New England Reinsurance Company, a Connecticut corporation; Old Republic Insurance Company, an Illinois corporation; Pacific Mutual Marine Office Inc., a New York corporation; Reliance Insurance Company, a Pennsylvania corporation; Royal Indemnity Company, a Delaware corporation; St. Paul Fire & Marine Insurance Company, a Minnesota corporation; Twin City Fire Insurance Company, an Indiana corporation; Water Quality Insurance Syndicate, a syndicate of foreign corporations; West Coast Marine Managers, Inc., a New York corporation; and John Doe Insurance Companies, Third-Party Defendants.

United States District Court, D. Oregon, Portland Division.

January 27, 2012.


Attorney(s) appearing for the Case

R. Lind Stapley , Misty A. Edmundson , Soha & Lang, P.S., Seattle, WA, William G. Earle , Jonathan Henderson , Davis Rothwell Earle & Xochihua, PC, Portland, OR, for Plaintiff.

Christopher A. Rycewicz , Hong N. Huynh , Miller Nash LLP, Portland, OR, for Defendants.

Hong N. Huynh , Christopher A. Rycewicz , Miller Nash LLP, Michael R. Seidl , Seidl Law Office, PC, Portland, OR, Ira Revich , Charlston, Revich & Wollitz LLP, Los Angeles, GA, for Third-Party Plaintiffs.

Francis Douglas Tuffley , Jodi A. McDougall , Molly K.S. Eckman , Cozen O'Connor , Troy A. Biddle , Bett Patterson & Mines, PS, Peter J. Mintzer , Chamberlin Keaster & Brockman, LLP, R. Lind Stapley , Misty A. Edmundson , Soha & Lang, P.S., Carl E. Forsberg , Charles E. Albertson , John P. Hayes , Forsberg & Umlauf, P.S., Seattle, WA, Margaret M. Van Valkenburg , Bullivant Houser Bailey, PC, Thomas W. Brown , Cosgrave Vergeer Kester, LLP, Christopher T. Carson , Kilmer Voorhees & Laurick, PC, Jonathan Henderson , William G. Earle , Davis Rothwell Earle & Xochihua, PC, Portland, OR, Kenneth H. Sumner , Sinnott Puebla Campagne & Curet, APLC, San Francisco, CA, Alan M. Posner , Wayne S. Karbal , Karbal Cohen Economou Silk & Dunne, LLC, Chicago, IL, for Third-Party Defendants.


OPINION AND ORDER

ACOSTA, United States Magistrate Judge.

Introduction

This motion concerns excess insurance policies issued by Federal Insurance Company ("Federal"), Chicago Insurance Company ("Chicago"), and Arrowood Indemnity Company ("Arrowood") (collectively "Excess Insurers") to Northwest Marine Iron Works ("NWMIW") covering, generally, property damage in an amount greater than that covered by NWMIW's primary insurance policies. This...

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