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LEXINGTON INS. CO. v. SMITH

CASE NO. 3:21-cv-05930-DGE.

627 F.Supp.3d 1198 (2022)

LEXINGTON INSURANCE COMPANY, et al., Plaintiffs, v. Cindy SMITH, et al., Defendants.

United States District Court, W.D. Washington, at Tacoma.

Signed September 12, 2022.

Attorney(s) appearing for the Case

Benjamin J. Roesch , Gabriel Baker , Jensen Morse Baker, Seattle, WA, Bradley J. Hamburger , Pro Hac Vice, Daniel Adler , Pro Hac Vice, Kenneth Oshita , Pro Hac Vice, Matthew Hoffman , Pro Hac Vice, Richard Joseph Doren , Pro Hac Vice, Gibson Dunn & Crutcher LLP, Los Angeles, CA, for Plaintiff Lexington Insurance Company.

Bennett Aaron Moss , Pro Hac Vice, Kristin C. Cummings , Pro Hac Vice, Shannon Marie O'Malley , Pro Hac Vice, Zelle LLP, Dallas, TX, Michael Edward Ricketts , Gordon Thomas Honeywell, Seattle, WA, for Plaintiff Homeland Insurance Company of New York.

Eric J. Neal , Thomas Lether , Kasie Kashimoto , Kevin J. Kay , Lether Law Group, Seattle, WA, for Plaintiffs Hallmark Specialty Insurance Company, Aspen. Specialty Insurance Company, Aspen Insurance UK LTD.

Robert W. Novasky , Forsberg & Umlauf, Tacoma, WA, for Plaintiffs Certain Underwriters at Lloyd's, London and London Market Companies Subscribing to Policy No. PJ193647, Certain Underwriters at Lloyd's, London Subscribing to Policy No. PJ1900131, Certain Underwriters at Lloyd's, London and London Market Companies Subscribing to Policy No. PJ1933021, Certain Underwriters at Lloyd's, London Subscribing to Policy Nos. PD-10364-05 and PD-11091-00, Endurance Worldwide Insurance Limited T/AS Sompo International Subscribing to Policy No. PJ1900134-A.

ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

Plaintiffs' insurance policies were issued for the benefit of tribal owned businesses and properties operating on tribal land. There is a present dispute as to whether those insurance policies provide coverage for losses alleged to have occurred...

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