Opinion
22 Civ. 4045 (AT)
09-02-2022
XL SPECIALTY INSURANCE COMPANY, Plaintiff, v. TIMOTHY DAILEADER, Defendant.
ORDER
ANALISA TORRES UNITED STATES DISTRICT JUDGE
The Court has reviewed the parties' briefing concerning the Order to Show Cause issued on August 17, 2022. ECF Nos. 17-21, 31-34; see also ECF No. 25 (Order to Show Cause). The Court shall order supplemental briefing on the following issues: (1) whether insurers have a duty to advance costs while the applicability of a policy is being litigated; (2) whether the policy at issue in this action provides that the insurer or the insured is to cover costs while the applicability of said policy is in dispute: and (3) whether an individual must prove that he or she is financially unable to pay for defense costs to show irreparable harm.
Accordingly:
1. The show cause hearing scheduled for September 7, 2022, at 2:00 p.m., ECF No. 25, is ADJOURNED sine die.
2. By September 9, 2022, the parties shall file letters of no more than five pages stating then' positions on the issues outlined above.
Further, the parties shall file a joint letter informing the Court on the status of mediation efforts by September 23, 2022. The parties shall also advise the Court whether they wish to be referred to the Southern District of New York's Mediation Program.
SO ORDERED.