HART. CAS INS CO v. CRUM & FORSTER SPECIALTY INS

No. 15-12781; 12-13728.

828 F.3d 1331 (2016)

HARTFORD CASUALTY INSURANCE COMPANY, a foreign corporation, Plaintiff-Counter Defendant, Hartford Accident and Indemnity Company, a foreign corporation, as equitable subrogee and real party in interest on behalf of Miller & Solomon General Contractors, Inc., Plaintiff-Counter Defendant-Appellant, v. CRUM & FORSTER SPECIALTY INSURANCE COMPANY, a foreign corporation, as equitable subrogee and real party in interest on behalf of Miller & Solomon General Contractors, Inc., Defendant-Counter Claimant-Counter Defendant-Appellant, Westchester Surplus Lines Insurance Company, a foreign corporation, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 12, 2016.


Attorney(s) appearing for the Case

Timothy S. Taylor , Miguel A. Brizuela , Vanessa Alison Van Cleaf , Daniel Rodrigo Vega , Elaine Witherspoon , Taylor Espino Vega & Touron, PA, Coral Gables, FL, for Plaintiffs-Appellants.

Holly S. Harvey , Michael Charles Gordon , Clyde & Co US LLP, Richard Michael Dunn , Cozen O'Connor, Miami, FL, Joseph A. Ziemianski , Cozen O'Connor, Houston, TX, Anaysa Gallardo Stutzman , Cozen O'Connor, Dallas, TX, Aaron B. Tilley , Bryan P. Vezey , Cozen O'Connor, New York, NY, for Defendants-Appellants.

Before TJOFLAT and WILSON, Circuit Judges, and COOGLER, District Judge.


This appeal concerns a settlement agreement made contingent on vacating certain orders of the District Court. After being moved to do so under Rule 60(b) of the Federal Rules of Civil Procedure, the District Court declined to vacate those orders. We conclude that the District Court thereby abused its discretion because it...

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