The Travelers Indemnity Company v. Fulmont Mutual Insurance Company
- Vyskocil
- 1:23-cv-07761
- U.S. District Court · Southern District of New York
- 1
In Travelers v. Fulmont, Judge Vyskocil discontinued the action after settlement in principle, allowing restoration by November 20 or dismissal with prejudice.
The Travelers Indemnity Company and Fulmont Mutual Insurance Company; the action was discontinued subject to a possible application to restore it by November 20, 2023.
What happened
The Travelers Indemnity Company told the court that it and Fulmont Mutual Insurance Company had reached a settlement in principle.
The court discontinued the action without costs to either party and without prejudice to restoring it if the parties could not put their settlement in writing. Any request to restore the case had to be made by November 20, 2023.
Judge Vyskocil ordered that if no restoration request was made by that date, the dismissal would be with prejudice, meaning the action could not be reopened.
The detailed version
- The Travelers Indemnity Company v. Fulmont Mutual Insurance Company · No. 1:23-cv-07761
- Vyskocil
- Oct. 19, 2023
Background
The Travelers Indemnity Company filed a letter informing the court that the parties had reached a settlement in principle. The opinion does not describe the underlying dispute or the settlement’s terms.
Ruling
Judge Mary Kay Vyskocil ordered that the action be discontinued without costs to any party and without prejudice to restoring the action to the court’s calendar if the parties were unable to memorialize their settlement in writing. The application to restore the action had to be made by November 20, 2023. If no such application was made by that date, the dismissal would be with prejudice.
Effect
The order ended the action subject to the stated restoration deadline. The opinion does not decide the underlying merits of the dispute.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.