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Liberty Mutual Ins. Co v. Royal American Mgmt. Inc.

December 8, 2011

LIBERTY MUTUAL INS. CO., PLAINTIFF,
v.
ROYAL AMERICAN MGMT. INC., ET AL., DEFENDANTS.



The opinion of the court was delivered by: Richard Smoak United States District Judge

ORDER

Before me are the parties post trial briefs (Docs. 55 & 57), Plaintiff's Motion to Strike (Doc. 58), and Defendants' Response (Doc. 59).

Plaintiff first seeks to strike Defendants' contention that Plaintiff owed Defendants a fiduciary duty. Second, Plaintiff seeks to strike what it calls a "new theory of damages" --Defendants' contention that the policy's $300,000 deductible is exceeded by $60,243.90.*fn1

The case was tried at bench trial and the parties will not be prejudiced by supplementing the record with evidence of the amounts paid by Defendants towards the deductible. Defendants shall file their argument along with a detailed accounting of what they claim to have paid towards the deducible with relevant documentation not later than December 29, 2011. Plaintiff shall respond in kind not later than January 19, 2012. The parties may conduct additional discovery on this limited matter. A hearing may be held should the parties need to present additional evidence.

Richard ...


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