Flintkote Co. v. GENERAL ACC. ASSUR. CO. OF CANADA

MEMORANDUM & ORDER

After six years of litigation, the parties to this insurance coverage dispute are approaching trial on the issues of damages and bad faith. The parties brought several pre-trial motions which were argued at a pre-trial hearing held on February 12, 2010. Firstly, defendant moved for reconsideration of an earlier ruling that plaintiff is a “named insured” under a policy issued to plaintiffs two Canadian subsidiaries. Secondly, plaintiff complained that defendant had not complied with the court’s earlier orders pertaining to the discovery of reserves information. Thirdly, defendant objected to certain findings of a special master appointed to assist in the resolution of certain discovery disputes. Fourthly, plaintiff sought to exclude testimony of defendant’s damages experts. In order to supplement and clarify the court’s bench orders, the court enters the following memorandum and order.

I. Defendant’s Motion for Reconsideration

On January 19, 2006, the court granted plaintiffs motion for summary adjudication of the meaning of “Affiliated corporations” and “occurrence” as those terms are used in policy number L-90-5010, the insurance policy at issue in this…