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Colony National Insurance Co. v. Atain Insurance Co.

United States District Court, D. Nevada

February 12, 2018

COLONY NATIONAL INSURANCE COMPANY, Plaintiff,
v.
ATAIN INSURANCE COMPANIES; and DOES 1 through 20, inclusive, Defendants

          PAMELA A. MCKAY ATTORNEYS FOR DEFENDANT ATAIN SPECIALTY AND INSURANCE COMPANY ERRONEOUSLY NAMED ATAIN INSURANCE COMPANIES

          HUTCHISON & STEFFEN, PLLC L. KRISTOPHER RATH CYNTHIA G, MILANOWSKI HUTCHISON & STEFFEN, PLLC AND TRELAWNEY KITCHEN LAW OFFICES OF SEMHA ALWAYA, APC ATTORNEYS FOR PLAINTIFF PELEUS INSURANCE COMPANY FKA COLONY NATIONAL INSURANCE COMPANY

          STIPULATION AND ORDER TO AMEND COMPLAINT

         Plaintiff Colony National Insurance Company and Defendant Atain Specialty Insurance Company, erroneously named as Atain Insurance Companies, by and through their undersigned counsel, hereby stipulate and agree as follows:

         1. On December 4, 2017, Plaintiff filed a Complaint in the Eighth Judicial District, Clark County Nevada, Case No. A-17-765604-C, wherein Plaintiff was identified as "Colony National Insurance Company" and Defendant was identified as "Atain Insurance Companies."

         2. On January 11, 2018, Defendant filed its Notice of Removal to Federal Court. (Doc. No. 1).

         3. The parties have agreed to amend the Complaint for the sole purpose of:

(a) Correctly identifying Plaintiff as "PELEUS INSURANCE COMPANY fka COLONY NATIONAL INSURANCE COMPANY." This will reflect Plaintiffs name change; and
(b) Correctly identifying Defendant as "ATAIN SPECIALTY INSURANCE COMPANY."

         4. Plaintiff shall file its Amended Complaint within 10 days of entry of the Court's Order granting the parties request to file an amended complaint. A copy of Plaintiff s proposed First Amended Complaint is attached hereto as Exhibit "A."

         5. The law firm of McKAY LAW FIRM, CHTD. agrees to accept service of the Amended Complaint on behalf of Defendant.

         IT IS SO STIPULATED.

         EXHIBIT A

         FIRST AMENDED COMPLAINT

         Plaintiff PELEUS INSURANCE COMPANY fka COLONY NATIONAL INSURANCE COMPANY ("Colony") hereby complains against Defendants ATAIN SPECIALTY INSURANCE COMPANY ("Atain"); and DOES 1 through 10, inclusive and each of them.

         PARTIES

         1. Colony is a corporation licensed to do business and doing business at all relevant times herein as a liability insurer in the State of Nevada.

         2. Colony alleges on information and belief that Atain is a corporation licensed to do business and doing business at all relevant times herein as a liability insurer in the State of Nevada.

         3. Colony alleges on information and belief that DOES 1 through 20 are insurers licensed to do business and doing business in the State of Nevada who also owe defense and/or indemnity to Quality Wood Product, Ltd. ("Quality") and the additional insureds covered under their policies for the lawsuits listed below, but have failed and/or refused to provide a defense and/or indemnify Quality and/or any additional insureds covered under their policies. The true names and capacities, whether individual, corporate, associate or otherwise, of the Defendants named herein as DOES 1 through 20 are unknown to Colony at this time; and for that reason, Colony sues Doe Defendants by fictitious names, Colony will seek leave to amend this Complaint to allege the true names and capacities of said Doe Defendants when they have been ascertained.

         JURISDICTION AND VENUE

         4. This action for declaratory relief, equitable contribution, and equitable indemnity is brought pursuant to NRCP 57 and NRS Chapter 30, and the common law. This Court has jurisdiction over this action as all Defendants are, and were at all relevant times, doing business in the State of Nevada including, without limitation, conducting business as insurers in the State of Nevada.

         5. The acts and/or omissions at issue in this litigation took place in this judicial district within the State of Nevada. The Actions listed below are pending in this judicial district. Venue, therefore, lies with this Court, as a substantial part of the events which are the subject of the claims asserted herein are located and/or took place in this judicial district.

         THE ACTIONS

         6. Colony sues Atain for their refusal to defend and indemnify their named insured, Quality, and the additional insureds covered under each of their policies as they relate to defense and settlement of the following underlying actions:

Aaronson et al v, U.S. Home Corporation, et al. Clark County, District Court of Nevada Case No.: A-12-669867-D
Amedemegnah, et al v. U.S. Home Corporation, et al.; Saddle Ridge II Claimants v. U.S. Home Corporation, et al. Clark County District Court Case No.: A-16-732225-D
Aton, et al. v. Norton, Inc., et al, Clark County District Court Case No.: A732221
Attaway v. D.R. Norton, Inc. Clark County District Court Case No.: A-14-711032-D
Azure Manor/Rancho De Paz NO A. v. D.R. Morton, Inc. Clark County, District Court of Nevada Case No.: A-14-710406-D
Beckmann, et al. v. D.R. Norton, Inc. District Court of Nevada, Clark County Case No.: A-14-740444-D
Chamelian, et al. v. U.S. Home Corp, et al. Clark County, District Court of Nevada Case No.:A-16-732230-D
Corpuz v, Centex Homes, Clark County District Court, Chapter 40
Frey, et al v. D.R. Norton, Inc., et al Clark County, District Court of Nevada Case No.:A-14-711601-D
Neck, et al v. D.R. Norton, Inc., et al. Clark County, District Court of Nevada Case No.:A-16-732295-D
High Noon @ Arlington Ranch HOA v. Horton, Inc., et al. Clark County, District Court of Nevada Case No, : A-542616
Jackson (Riverwalk) v. D.R. Horton, Inc., Clark County District Court Case No.: A745312
JFB Trust, et. al. v. D.R. Horton, Inc. Clark County, District Court of Nevada Case No.: A-16 732223-D
• Knox/Henning, et al v. D.R. Horton, Inc., et al Clark County, District Court of Nevada Case ...

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