First State Insurance Co. v. Ferguson Enterprises, Inc.

          RULING ON MOTION FOR RECONSIDERATION

          VICTOR A. BOLDEN UNITED STATES DISTRICT JUDGE.

         On October 5, 2018, First State Insurance Company and New England Reinsurance Corporation (“Plaintiffs”) moved for reconsideration of the Court's September 28, 2018 Ruling and Order on several motions for summary judgment. First State Insurance Company and New England Reinsurance Corporation's Motion for Reconsideration Pursuant to Local Rule 7(c), dated Oct. 5, 2018 (“Pls.' Mot.”), ECF No. 265; see Ruling and Order on Motions for Summary Judgment, dated Sept. 28, 2018 (“Ruling & Order”), ECF No. 262. Specifically, Plaintiffs argue that discovery during the pendency of the summary judgment motions yielded new evidence that was unavailable at the time the motions were briefed. Id. at 1.

         For the reasons that follow, the Court DENIES Plaintiffs' motion for reconsideration.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         Familiarity with the facts and prior proceedings, summarized in the Court's September 28, 2018 Ruling and Order, is assumed. See Ruling & Order at 3-10.

         On January 8, 2018, Plaintiffs and Ferguson Enterprises, Inc. (“Ferguson”) both filed motions for summary judgment on the number of aggregate limits provided by a policy issued by Swiss Reinsurance America Corporation (“Swiss Re”), as successor-in-interest to Forum Insurance Company. First State's Motion for Summary Judgment on the Number of Aggregate Limits, dated Jan. 8, 2018 (“First State Mot.”), ECF No. 161; Ferguson's Motion for Summary Judgment on the Swiss Re Policy's Limits of Liability, dated Jan. 8, 2018 (“Ferguson Mot. on Swiss Re”), ECF No. 162.

         On March 1, 2018, Swiss Re moved for partial summary judgment on the aggregate limits of its policy. Swiss Re's Motion for Partial Summary Judgment, dated Mar. 1, 2018 (“Swiss Re Mot.”), ECF No. 179.

         On April 30, 2018, American Home Assurance Company (“American Home”) moved for partial summary judgment on the number of aggregate limits under the policy it issued to Familian, Ferguson's predecessor-in-interest. American Home's Motion for Partial Summary Judgment (Aggregate Limits), dated Apr. 30, 2018 (“American Home Mot. on Agg. Limits”), ECF No. 192. American Home also moved for partial summary judgment on the statute of limitations, which American Home argued barred Plaintiffs' claims against them. American Home's Motion for Partial Summary Judgment (Statute of Limitations), dated Apr. 30, 2018 (“American Home Mot. on SOL”), ECF No. 191.

         On June 4, 2018, Columbia Casualty Company and The Continental Insurance Company (together, “CNA”) moved for partial summary judgment, arguing that certain claims are barred by the statute of limitations, and for partial joinder of American Home's motion for partial summary judgment on the statute of limitations, to the extent that it asks the Court to impose a limitations period on First State's claims with respect to past settlements. CNA's Motion for Partial Summary Judgment (Statute of Limitations), dated June 4, 2018 (“CNA Mot.”)

         On September 5, 2018, this Court held oral argument on the parties' motions for summary judgment. Minute Entry, dated Sept. 5, 2018, ECF No. 254; Transcript of Motion Hearing, filed Sept. 13, 2018 (“Tr.”), ECF No. 256.

         On September 20, 2018, American Home moved for leave to file a supplemental statement of facts and brief in support of their motion for partial summary judgment on the statute of limitations, based on the deposition testimony of First State corporate representative Renee Trett that it believed was “relevant to the Court's determination” of that motion. American Home Assurance Company's Motion for Leave to File a Supplemental Statement of Facts and Brief in Support of its Motion for Partial Summary Judgment (Statute of Limitations), dated Sept. 20, 2018 (“Mot. to Supp.”), ECF No. 260, ¶¶ 2-3.

         On September 24, 2018, Plaintiffs opposed the motion to supplement the record. Response in Opposition to Mot. to Supp., dated Sept. 24, 2018 (“Pls.' Opp. to Mot. to Supp.”). Plaintiffs “disagree[d] that there is need for additional briefing and statements of facts” but stated that if the Court “believes the transcript may be helpful to the Court's consideration of the pending motion” it had “no objection to providing to the Court the full deposition transcript so the Court may read for itself what First State's designee said . . . .” Id.

         On September 28, 2018, this Court issued several rulings on the parties' motions for summary judgment.^[1]

         First, the Court granted Swiss Re's motion, and denied Plaintiffs' and Ferguson's motions, on the number of aggregate limits in Swiss Re's policy, holding that “the Swiss Re insurance policy cover[ed] a single policy period of 15.5 months, from December 18, 1984 to April 1, 1986, and ha[d] a single aggregate limit of $5 million of coverage.” Ruling & Order at 14, 33.

         Second, the Court granted American Home's motion and denied Ferguson's motion on the number of aggregate limits in American Home's policy, holding that American Home's ten-day extension from March 5, 1977 to March 15, 1977 extended the third policy period and did not create a fourth policy ...