Free Consent Judgment - District Court of Delaware - Delaware

Case 1 :04-cv-01262-GIVIS Document 28 Filed O1/O9/2008 Page 1 0f 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE.
In re: A
INTEGRATED HEALTH SERVICES, INC., et al., Case N0. 00-389 (MFW)
Jointly Administered
Debtors.
/
IHS LIQUIDATIN G LLC, V
P]aimift§
v. Civil Actic-n N0. 05-376 (GMS)
ACE INDEMNITY IN SURANGE COMPANY
f/k/a INDEMNITY INSURANCE COMPANY OF
NORTH AMERICA,
Defendant.
/
IHS LIQUIDATING LLC, Civil Acticvn No. 04-1262 (GMS)
ir Third Party Plaiutiif,
I v. _
NATIONAL UNION FIRE INSURANCE COMPANY
_ OF PITTSBURGH, PA, GENERAL STAR
INDEMNITY COMPANY and ACE INDEMNITY
I INSURANCE COMPANY Uk/a INDEMNITY
INSURANCE COMPANY OF NORTH AMERICA
Third-Party Defendants. _
:,Â¥
INDEMNITY INSURANCE COMPANY OF
QZ- NORTH AMERICA,
F ourth-Party Plaintiff,
NATIONAL UNION FIRE INSURANCE COMPANY
OF PITTSBURGH, PA and GENERAL STAR
INDEMNITY COMPANY,
Fourth-Party Defendants.
I ‘ JUDGMENT ON CONSENT
12367216.1 I

Case 1 :04-cv—O1262-GIVIS Document 28 Filed O1/O9/2008 Page 2 of 3
4 On the consent of the undersigned parties to this action, and in accordance with this
COl1l’lL’S Memorandum Order of September 12, 2007 [D.I. 115], Judgment is hereby entered as
i follows: -
1. in favor of IHS Liquidating LLC ("IHS Liquidating") and against Indemnity
Insurance Company of North America (“IICNA") on Count I of IHS I-iquidating's Complaint,
filed herein on May 6, 2005 (the “IHS Complaint");
2. in favor of National Union Fire Insurance Company of Pittsburgh P.A. ("National
. Union") and against IICNA on IICNA's Cross Claim in Third Party Defendant And Fourth-Party
l Plaintiff Indemnity Insurance Company Of America’s Amended Answer To Third-Party
Complaint And Crossclaim For Declaratory Relief, dated February 28,, 2007 (the “IICNA Third-
li Party C0mplaint");
3. dismissing with prejudice all claims against IICNA contained in Counts II and III
. of the IHS Complaint; ‘
4. dismissing with prejudice all claims against IICNA and against National Union
contained in the Third Party Complaint of IHS Liquidating, dated August 18, 2005 (the “IHS
Third-Party Complaint"); l
5. dismissing with prejudice all claims against IHS Liquidating contained in the
Ei coimterclaim in IICNA’s Answer, Affirmative Defenses and Counterclaim, dated July 26, 2005;
lln, 6. dismissing with prejudice all claims in Fourth—Party Plaintiff IICNA’s cross-claim
against National Union in the IICNA Third-Party Complaint alleging that the policies of
at insurance issued by National Union to Integrated Health Services, Inc. and Integrated Health
Services of Lester, Inc. for the 1999 Policy year are not exhausted by payment.
12367216.1 2

Case 1 :04-cv—O1262-GIVIS Document 28 Filed O1/O9/2008 Page 3 of 3
All parties are tothear their own attomeys' fees and costs of this action.
(`\
ADJUDGED this EIT day of J "‘\ , 2007.
istrict udge
CONSENTED TO:
For the Plainn)§”/Y`hird—Parly Plaintw IHS Liquidating For the Defendant/Third—Part)»
LLC: Dejkndant/Fourth Party Plainhflndemnily
Q I IUSW NCQ C ompany 0f North America:
x ‘· Q .
-%/ JZ i ' .~ 4/
ewan F. Mcmnici, Esq. (1.19. No. 4167) mj 8121:1 111, S . (I.D. N0. 985)
Bifferato Gentilotti LLC Natah M . ppolitc, Esq. (LD. N0. 3845)
800 N. King St. Wetzel & Associates, P.A.
Plaza Level The Carriage House, Suite 201
Wilmington, DE 19801 1100 N. Grant Avenue
_ Wilmington, DE 19805
F or the Third—Party Defendant/Fourth-Part;}
Defendant National Union Fire Insurance Company
of Pittsburgh, PA: F I L E D
CF ‘>-»-···#"—* .11.111 - g 2008
{4 Christopher Page Simon, Esq. (I.D. No. 3697)
Cross & Simon, LLC u.s. oistmcr count
913 N. Mm-ke: sew, 11m Fim ¤*$TR'°T °E °E'—A‘”AEE
Wilmington, DE 19801
mmm 3