Free Proposed Consent Judgment - District Court of Delaware - Delaware

. Case 1 :04-cv-O1 262-G MS Document 27 Filed O1/O2/2008 Page 1 of 3
I UNITED STATES DISTRICT COURT
? FOR THE DISTRICT OF DELAWARE
In re:
INTEGRATED HEALTH SERVICES, INC., et al., Case N0. 00-389 (MFW)
· Jointly Administered
‘ Debtors. -

IHS LIQUIDATING LLC, _
Plaintifij
` v. Civil Action N0. 05-376 (GMS)
I ACE INDEMNITY INSURANCE COMPANY
‘ f/kia INDEMNITY INSURANCE COMPANY OF
_ NORTH AMERICA,
‘ Defendant. _
` /
I IHS LIQUIDATING LLC, Civil Action N0. 04-1262 (GMS)
I Third Party Plaintiff,
NATIONAL UNION FIRE INSURANCE COMPANY
1 OF PITTSBURGH, PA, GENERAL STAR
INDEMNIYTY COMPANY and ACE INDEMNITY
_; INSURANCE COMPANY i·}'k/a INDEMNITY
J; INSURANCE COMPANY OF NORTH AMERICA
A Third-Party Defendants.
Ziff ____... _... if
INDEMNITY INSURANCE COMPANY OF -
NORTH AMERICA,
Fourth-Party P1aintiffQ
NATIONAL UNION FIRE INSURANCE COMPANY
_;. OF PITTSBURGH, PA and GENERAL STAR
Q_ INDEMNITY COMPANY,
Fourth-Party Defendants.
‘ JUDGMENT ON CONSENT
12367216.1 I

" Case 1 :04-cv-O1 262-G MS Document 27 Filed O1/O2/2008 Page 2 of 3
On the consent of the undersigned parties to this action, and in accordance with this
Court’s Memorandum Order of September 12, 2007 [D.I. 115], Judgment is hereby entered as
follows: -
1. in favor of IHS Liquidating LLC (“IHS Liquidating") and against Indemnity
Insurance Company of North America (“IICNA") on Count I of IHS Liquidating’s Complaint,
tiled herein on May 6, 2005 (the "II—IS Complaint");
n 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
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-
ii Party Complaint");
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 "lHS
Third-Party Complaint"); S
5. dismissing with prejudice all claims against IHS Liquidating contained in the
counterclaim in IICNA’s Answer, Affirmative Defenses and Counterclaim, dated July 26, 2005;
6. dismissing with prejudice all claims in Fourth—Party Plaintiff IICNA’s cross-claim
against National Union in the IICNA Tliird—Party Complaint alleging that the policies of
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.
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5 Case 1:04-cv-01262-GMS Document 27 Filed O1/O2/2008 Page 3 of 3
U All parties are to bear their own attorneys’ fees and costs of this action.
U ADJUDGED this day of , 2007.
2 District Judge
- CONSENTED TO:
‘ For the Plafnfzjj"/Third-Parzj# PI aintayf IHS Liquidating For the Defendant/Third—Parzj»
LLC: 1 Defendant/Fourth—Part)» PIainIw’IndemniIy
` Insu nce company of North America.-
. _ ' T IME!
Garvan F.McDa11ie1, Esq. (1.1). N6. 4167) en) e1;ze1HI, s . (1.15. N6. 985)
Bifferato Gentilotti LLC Natah M. ppolito, Esq. (LD. No. 3845)
( 800 N. King St. Wetzel & Associates, PA.
; Plaza Level ` The Carriage House, Suite 201
Wilmington, DE 19801 1100 N. Grant Avenue
. Wilmington, DE 19805
For the Third—Party Defendant/Fourth-Part);
- Defendant National Union F ire Insurance Company
( ofPin“.s·burgh, PA:
Christopher Page Simon, Esq. (LD. No. 3697)
Cross & Simon, LLC
- 913 N. Market Street, 11th Floor
Wilmington, DE 19801
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