NORTHBROOK INDEMNITY COMPANY v. FASC

Full title: NORTHBROOK INDEMNITY COMPANY, etc., Plaintiff, v. FIRST AUTOMOTIVE SERVICEā€¦

Court: United States District Court, M.D. Florida, Jacksonville Division

Case No. 3:07-cv-683-J-32JRK.

Date published: Aug 1, 2008

Fact:

Northbrook Indemnity Company (“Northbrook”) brought this action seeking an order requiring arbitration of the dispute in the related case in which it has been named defendant, First Automotive Service Corporation, N.M., etc. et al. v.  Northbrook Indemnity Company, No. 3:07-cv-682-J-32TEM (M.D. Fla.), also pending before this Court. In that case, First Automotive Service Corporation, N.M. (“FASC”) and First Automotive Insurance Risk Retention Group Inc. (“FAIRR”), defendants here, seek a declaratory judgment alleging they are entitled to more than $10 million from Northbrook under certain reinsurance placement slips (“Four Placement Slips”).

Issue:

ORDERED:

1. Plaintiff’s Motion To Compel Arbitration (Doc. 31) is GRANTED.

2. Judgment compelling plaintiff Northbrook Indemnity Company and defendants First Automotive Service Corporation, N.M. and First Automotive Insurance Risk Retention Group, Inc. to participate in arbitration of the claims and counterclaims alleged in Case No. 3:07-cv-682-J-32TEM, pursuant to the terms of the Reinsurance Agreement, is withheld pending a settlement conference with the United States Magistrate Judge James R. Kindt. Judge Klindt’s chambers will be in touch with the parties to schedule the settlement conference. If the settlement conference should prove unsuccessful, plaintiff should move for entry of final judgment to be entered consistent with this Order. 

3. Also, consistent with this Order, the related declaratory judgment action in First Automotive Service Corporation, N.M., etc. et al. v. Northbrook Indemnity Company, No. 3:07-cv-682-J-32TEM is STAYED and administratively closed, pending resolution of the arbitration proceedings. A copy of this Order will be filed in Case No. 3:07-cv-682-J-32TEM.

DONE AND ORDERED.

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