Department 4 SB-Anacapa
1100 Anacapa Street P.O. Box 21107 Santa Barbara, CA 93121-1107
CIVIL LAW & MOTION
Allan Green General etc vs United Contractors etc et al
|Hearing Date:||Fri Apr 18, 2014 9:30|
Nature of Proceedings: Motion: Withdraw as Attorney
Plaintiff Allan Green General Contractor, Inc. filed suit against United Contractors Ins. Co., Inc. (“UCIC”) and Premier Claims, LLC. Plaintiff alleges: Plaintiff was an additional insured on a subcontractor’s insurance policy issued by UCIC. Plaintiff’s customer made a claim based on that subcontractor’s allegedly defective work. UCIC retained Fowler Law Group to adjust the claim. In June 2011, Ms. Gois of Fowler Law Group agreed on behalf of UCIC to pay Green to remedy the defects. UCIC transferred the claim from Fowler to Premier, which denied the claim. Plaintiff filed suit to recover its losses related to the claim, attorney fees, costs and punitive damages. The Delaware insurance commissioner initiated a liquidation receivership against UCIC in the Court of Chancery of the State of Delaware. On September 11, 2013, UCIC filed a notice of liquidation and injunction order entered in the Delaware action. This case has been stayed since then. Motion: Counsel for UCIC moves to be relieved as counsel. Counsel has not been paid and has made numerous inquiries of the administrator appointed by the receiver in Delaware as to the outstanding bills and how to proceed in this matter. On December 23, 2013, the administrator advised that the matter would be referred to the receiver at the Delaware Department of Insurance. In January, the receiver said the matter would be referred to the supervisors of the Bureau of Rehabilitation and Liquidation at the Delaware Insurance Department. The receiver and supervisors have not responded to repeated inquiries throughout January and February 2014. The appropriate notice has been served on UCIC, the receiver, the administrator, counsel for plaintiff and counsel for Premier. There is no opposition. The Court grants the motion to be relieved as counsel. Tentative Ruling: The Court grants Barbanel & Treuer, P.C.’s motion to be relieved as counsel for defendant United Contractors Ins. Co., Inc.