Phoenix Ins. Co. v. Trinity Universal Ins. Co. of Kansas

Full title: THE PHOENIX INSURANCE COMPANY, a Connecticut insurance company, and ST…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Jul 31, 2012

Civil Action No. 12-cv-01553-REB-KLM (D. Colo. Jul. 31, 2012)

Opinion

Civil Action No. 12-cv-01553-REB-KLM

07-31-2012

THE PHOENIX INSURANCE COMPANY, a Connecticut insurance company, and ST. PAUL SURPLUS LINES INSURANCE COMPANY, a Connecticut insurance company, Plaintiffs, v. TRINITY UNIVERSAL INSURANCE COMPANY OF KANSAS, a Kansas insurance company, TRINITY UNIVERSAL INSURANCE OF KANSAS, a Kansas insurance company, TRINITY UNIVERSAL INSURANCE COMPANY, a Texas insurance company, ZURICH AMERICAN INSURANCE COMPANY, a New York insurance company, STATE FARM INSURANCE COMPANY, an Illinois insurance company, THE CINCINNATI INSURANCE COMPANY, an Ohio insurance company, MOUNTAIN STATES INSURANCE GROUP, a New Mexico insurance company, CONTINENTAL WESTERN INSURANCE COMPANY, an Iowa insurance company, and COLORADO CASUALTY INSURANCE COMPANY, a Colorado insurance company, Defendants.

Robert E. Blackburn

Judge Robert E. Blackburn

ORDER APPROVING VOLUNTARY DISMISSAL OF DEFENDANTS

THE CINCINNATI INSURANCE COMPANY AND

CONTINENTAL WESTERN INSURANCE COMPANY, ONLY

Blackburn, J.

The following matters are before the court for consideration: (1) plaintiffs' Voluntary Dismissal - The Cincinnati Insurance Company [#9]¹; and (2) plaintiffs' Voluntary Dismissal - Continental Western Insurance Company [#10] both filed July 31, 2012. After reviewing the documents and the record, I conclude that the voluntary dismissals of The Cincinnati Insurance Company and Continental Western Insurance Company should be approved and plaintiffs' claims against these two defendants should be dismissed.

1 "[#9]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.

THEREFORE, IT IS ORDERED as follows:

1. That plaintiffs' Voluntary Dismissal - The Cincinnati Insurance Company [#9] filed July 31, 2012, is APPROVED;

2. That plaintiffs' claims against defendant The Cincinnati Insurance Company are DISMISSED;

3. That plaintiffs' Voluntary Dismissal - Continental Western Insurance Company [#10] filed July 31, 2012, is APPROVED;

4. That plaintiffs' claims against defendant Continental Western Insurance Company are DISMISSED; and

5. That defendants The Cincinnati Insurance Company and Continental Western Insurance Company are DROPPED as named parties to this action, and the case caption is amended accordingly.

Dated July 31, 2012, at Denver, Colorado.

BY THE COURT:

____________

Robert E. Blackburn

United States District Judge