Opinion
2:21-cv-01344-RAJ-BAT
10-31-2023
THE CHARTER OAK FIRE INSURANCE COMPANY, Plaintiff, v. ZURICH AMERICAN INSURANCE COMPANY, Defendant.
ORDER ON CROSS-MOTIONS
Honorable Richard A. Jones, United States District Judge
Having reviewed the Report and Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge, Defendant's objections (Dkt. 57), and the remaining record, the Court finds as follows:
(1) The Court ADOPTS the Report and Recommendation.
(2) This Court MODIFIES the Report and Recommendation to make clear that Judge Tsuchida's conclusion and recommendation, as reflected in Judge Tsuchida's analysis and proposed order (Dkt. 56-1) and located at page 19, is that Defendant Zurich American Insurance Company's (“ZAIC”) Motion for Partial Summary Judgment (Dkt. 46) be GRANTED and Plaintiff Charter Oak's Cross Motion for Summary Judgment (Dkt. 50) be DENIED.
(3) Defendant ZAIC's Motion for Partial Summary Judgment (Dkt. 46) is GRANTED and it is ORDERED that ZAIC is entitled to contribution from The Charter Oak Fire Insurance Company in the amount of $222,944.00.
(4) Plaintiff Charter Oak's Cross Motion for Summary Judgment (Dkt. 50) is DENIED;
(5) The Clerk is directed to send copies of this Order to the parties and to Judge Tsuchida.