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ALLIED PROPERTY AND CASUALTY INSURANCE COMPANY v. BED BATH & BEYOND, INC.

Civil Action No. 1:12-CV-1265-RWS.

ALLIED PROPERTY AND CASUALTY INSURANCE COMPANY, et al., Plaintiffs, v. BED BATH & BEYOND, INC. et al., Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

November 4, 2014.

Attorney(s) appearing for the Case

Allied Property And Casualty Insurance Company, Plaintiff, represented by Jonathan J. Kandel , Freeman Mathis & Gary, LLP & Philip Wade Savrin , Freeman Mathis & Gary, LLP.

AMCO Insurance Company, Plaintiff, represented by Jonathan J. Kandel , Freeman Mathis & Gary, LLP & Philip Wade Savrin , Freeman Mathis & Gary, LLP.

Bed Bath & Beyond, Inc., Defendant, represented by Gerald Lamar Mize, Jr. , Alston & Bird, LLP & Tejas Patel , Alston & Bird, LLP.

Arch Insurance Company, Defendant, represented by Kathy C. So , Bovis, Kyle, Burch & Medlin, LLC & David Russell Smith , Bovis, Kyle, Burch & Medlin, LLC.

Arch Insurance Company, Counter Claimant, represented by Kathy C. So , Bovis, Kyle, Burch & Medlin, LLC & David Russell Smith , Bovis, Kyle, Burch & Medlin, LLC.

AMCO Insurance Company, Counter Defendant, represented by Jonathan J. Kandel , Freeman Mathis & Gary, LLP & Philip Wade Savrin , Freeman Mathis & Gary, LLP.

Allied Property And Casualty Insurance Company, Counter Defendant, represented by Jonathan J. Kandel , Freeman Mathis & Gary, LLP & Philip Wade Savrin , Freeman Mathis & Gary, LLP.

Bed Bath & Beyond, Inc., Counter Claimant, represented by Tejas Patel , Alston & Bird, LLP.

AMCO Insurance Company, Counter Defendant, represented by Jonathan J. Kandel , Freeman Mathis & Gary, LLP & Philip Wade Savrin , Freeman Mathis & Gary, LLP.

Allied Property And Casualty Insurance Company, Counter Defendant, represented by Jonathan J. Kandel , Freeman Mathis & Gary, LLP & Philip Wade Savrin , Freeman Mathis & Gary, LLP.

Arch Insurance Company, Counter Claimant, represented by Kathy C. So , Bovis, Kyle, Burch & Medlin, LLC & David Russell Smith , Bovis, Kyle, Burch & Medlin, LLC.

AMCO Insurance Company, Counter Defendant, represented by Jonathan J. Kandel , Freeman Mathis & Gary, LLP & Philip Wade Savrin , Freeman Mathis & Gary, LLP.

Allied Property And Casualty Insurance Company, Counter Defendant, represented by Jonathan J. Kandel , Freeman Mathis & Gary, LLP & Philip Wade Savrin , Freeman Mathis & Gary, LLP.

ORDER

RICHARD W. STORY, District Judge.

On March 31, 2014, the Court entered an Order [97] concluding that any covered defense costs of Bed Bath & Beyond, Inc. ("BBB") or Arch Insurance Company ("Arch") prior to the exhaustion of the policy limits under Plaintiffs' policies would be split between the parties on a pro rata basis. The Court allowed the parties to engage in negotiations in an effort to resolve the amount of defense...

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