United States District Court, D. Nevada
before the court is the matter of Taylor et al. v. Kilroy
et al., case number 2:19-cv-00081-JCM-CWH
(“Taylor/Kilroy counterclaim”), which has been
consolidated with Maxum Casualty Insurance Company v.
Taylor et al., case number 2:18-cv-01866-JCM-CWH
(“declaratory action”). (Taylor, ECF No.
27); (Maxum, ECF No. 30).
before the court is plaintiffs/counterclaimants Steven Taylor
(“Mr. Taylor”) and Mary Taylor's (“Mrs.
Taylor”) (collectively “Taylors”) motion to
remand. (Taylor, ECF No. 9). Counterdefendants Maxum
Casualty Insurance Company and Maxum Specialty Insurance
Group (collectively “Maxum”) filed a response
(Taylor, ECF No. 23), to which the Taylors replied
(Taylor, ECF No. 25).
before the court is defendant/counterclaimant Robert
Kilroy's motion to remand. (Taylor, ECF No. 11).
Maxum filed a response (Taylor, ECF No. 24), to
which Kilroy replied (Taylor, ECF No. 26).
before the court is Maxum's motion to dismiss.
(Taylor, ECF No. 5). The Taylors filed a response
(Taylor, ECF No. 10), to which Kilroy joined
(Taylor, ECF No. 14), and to which Maxum replied
(Taylor, ECF No. 22).
court has extensively discussed the factual and procedural
background of this action in prior orders. (Maxum,
ECF Nos. 31, 43). Because these events are well known to the
parties, the court will discuss only those relevant to the
instant motions, as follows:
about June 4, 2008, Mr. Taylor and Kilroy's vehicles
collided into each other, causing significant injury to
Kilroy. (Maxum, ECF Nos. 10, 13, 15, 16). At the
time of the collision, Mr. Taylor had an insurance policy
with Maxum. Id. The policy provided a $1, 000, 000
limit for bodily and property damages, per accident.
January 23, 2009, the Taylors commenced an action against
Kilroy in Nevada state court for personal injuries
(“underlying action”). Id. After four
years of litigation, Kilroy's counterclaims against Mr.
Taylor were the only issues remaining in the case.
Id. In May 2013, the matter went to trial and the
jury found that Mr. Taylor and Kilroy were equally liable for
the collision. Id. The jury awarded $35, 000 to Mr.
Taylor and $75, 000 to Kilroy. (Maxum, ECF No. 1).
the jury verdict, the Taylors and Kilroy filed motions for
new trial. (Maxum, ECF Nos. 10, 12, 15). The state
court granted the motions, holding that the jury's
liability determination was supported by adequate evidence,
but that the jury failed to follow instructions when
calculating damages. Id. The Taylors appealed and
the Nevada Court of Appeals affirmed the state court's
the Nevada Court of Appeals remanded the case, the parties
stipulated to a binding arbitration. Id. The
arbitration agreement provided that the scope of arbitration
was limited to the issue of damages and that Kilroy would
subsequently be able to file a motion for interest, costs,
and attorney's fees. Id. In June 2017, the
arbitrators ultimately found total damages in the amount of
$6, 758, 293.76, for which Mr. Taylor was 50% liable.
Id. In July 2017, the state court entered judgment
consistent with the results of the arbitration. Id.
12, 2017, Maxum filed a motion to interplead funds in the
amount of $1, 000, 000. (Maxum, ECF No. 10-3). The
Taylors and Kilroy filed a countermotion requesting that the
court adjudicate Maxum's duties under the insurance
policy. (Maxum, ECF Nos. 10-4, 10-5). On September
28, 2017, the state court issued an order (1) dismissing
Maxum's motion as being procedurally defective, (2)
exercising general jurisdiction over Maxum, and (3) holding
that the insurance policy requires Maxum to pay the $1, 000,
000 limit, with interest on the entire judgment, costs, and
attorney's fees. (Maxum, ECF No. 10-7).
moved for reconsideration of the state court's September
28, 2017 order. (Maxum, ECF No. 10-8). The state
court denied the motion for reconsideration. (Maxum,
ECF No. 10-9).
October 2, 2018, Maxum initiated the declaratory action
seeking a declaration of its rights and duties in connection
with the insurance policy. (Maxum, ECF No. 1). The
Taylors and Kilroy both filed motions to dismiss.
(Maxum, ECF Nos. 10, 12).
December 21, 2018, the Taylors and Kilroy filed the
Taylor/Kilroy counterclaimagainst Maxum in Nevada state court
alleging five causes of action: (1) breach of contract; (2)
breach of the implied covenant of good faith and fair
dealing; (3) violation of the Nevada Trade Practices Act, NRS
686A.310, et seq.; (4) punitive damages; and (5)
declaratory relief. (Taylor, ECF No. 1). Maxum
removed the Taylor/Kilroy counterclaim on January 11, 2019.
Id. On March ...