Certain Underwriters at Lloyd's, London v. Argonaut Insurance

ORDER GRANTING RESPONDENT’S MOTION TO DISQUALIFY (Docket No. 27)

This matter came on for hearing on April 10, 2003. Peter Whalen of Hancock, Rothert & Bunshoft appeared on behalf of the Petitioners and Mitchell Orpett of Tribler Orpett & Meyer appeared on behalf of Respondent. Having considered the arguments in support of and in opposition to Argonaut Insurance Company’s motion to disqualify Hancock, Rothert & Bunshoft as counsel for Certain Underwriters at Lloyd’s, London, and the argument of counsel, and good cause appearing there for, the Court hereby GRANTS the motion.

I. FACTUAL BACKGROUND

In the underlying motion in this case, Petitioners Certain Underwriters at Lloyd’s, London, Highlands Insurance Company, Ltd. and London & Edinburgh General Insurance Company, Ltd. (“Certain Underwriters”) seek to disqualify George Gottheimer, Jr., the neutral umpire (“Umpire”) of a pending arbitration proceeding between Certain Underwriters and Argonaut Insurance Company (“Argonaut”) and to vacate certain orders issued by the Umpire. Respondent Argonaut moves to dismiss, pursuant to Rule 12(b)(6), or to stay, until after the arbitration hearing, both of Certain Underwriters’…