NEWMONT USA LIMITED et al v. INSURANCE COMPANY OF NORTH AMERICA Amended Judgment

8/7/2019 NEWMONT USA LIMITED et al v. INSURANCE COMPANY OF NORTH AMERICA Amended Judgment

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLORADOSenior Judge Zita Leeson Weinshienk

Civil Action No. 06-cv-01178-ZLW-BNB

NEWMONT U.S.A., LIMITED, f/k/a NEWMONT MINING CORPORATION, andN.I. LIMITED,

Plaintiffs and Counterclaim Defendants,

v.

INSURANCE COMPANY OF NORTH AMERICA,

Defendant and Counterclaimant.

AMENDED JUDGMENT

By Order dated September 20, 2006, this Court (i) granted the July 5, 2006

Defendant And Counter-Claimants Motion To Stay And Compel Arbitration; (ii) denied

Plaintiffs Cross-Motion For Determination Of Courts Authority To Adjudicate Plaintiffs

Claims And To Stay Arbitration; and (iii) held that certain releases asserted by

plaintiffs, Newmont U.S.A., Limited, f/k/a Newmont Mining Corporation (Newmont) and

N.I., Limited (NIL), to constitute valid defenses to claims asserted herein by Insurance

Company of North America (INA) (the Release Issue) have no application to INAs

claims herein and do not constitute valid defenses thereto.

Pursuant to this Courts September 20, 2006 order, arbitration was conducted

and resulted in a Final Award by the arbitrators, dated December 21, 2007, a copy of

Case 1:06-cv-01178-ZLW -BNB Document 94 Filed 09/10/10 USDC Colorado P


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which is attached hereto as Exhibit A. The Final Award was modified by the arbitrators

Order Clarifying Final Award dated April 15, 2008 and attached hereto as Exhibit B.

On September 19, 2008, the Court issued an order granting in part and denying

in part Plaintiffs Motion For Entry Of Final Judgment. On August 11, 2010, the United

States Court of Appeals for the Tenth Circuit affirmed in part and reversed in part this

Courts September 19, 2008 Order. On September 8, 2010, this Court entered an

Order altering the terms of the post-judgment interest as directed by the Tenth Circuit.

By reason of the forgoing, all of the parties claims asserted herein have been resolved.

Therefore, it is hereby

ORDERED that judgment is entered against Plaintiffs Newmont and NIL

dismissing with prejudice all claims and causes of action asserted by them in their

Complaint. It is

FURTHER ORDERED that judgment is entered in favor of INA and against NIL

on INAs counterclaims asserted in this action. It is

FURTHER ORDERED that the Final Award as modified, annexed hereto as

Exhibits A & B, is hereby confirmed pursuant to 9 U.S.C. 9 and INA is awarded (a)

$461,782.24 for Pinal Creek site claims under the 1982-1985 Reinsurance Agreements

annexed hereto as Exhibit C; (b) $258,701.34 in compounded interest at the

contractually agreed upon rate of 1.5% per month to January 18, 2008; and (c)

$556,893.15 in attorneys fees and costs incurred through January 18, 2008, in



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attempting to collect amounts due under the 1982-1985 Reinsurance Agreements as

agreed upon by the parties, which totals $1,277,376.70. It is

FURTHER ORDERED that INA is awarded interest on the outstanding balance

as defined by the Reinsurance Agreements at the rate of 1.5% per month from January

19, 2008 up to and including September 18, 2008. It is

FURTHER ORDERED that INA is awarded attorneys fees and costs incurred

after January 18, 2008 in attempting to collect amounts due under the 1982-1985

Reinsurance Agreements as agreed upon by the parties. It is

FURTHER ORDERED that post-judgment interest shall accrue on the judgment

at the rate of 1.5% per month including and after September 19, 2008.

DATED at Denver, Colorado this 10th day of September, 2010.

FOR THE COURT:

GREGORY C. LANGHAM, CLERK

s/ Edward P. ButlerEdward P. Butler,Deputy Clerk



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NEWMONT USA LIMITED et al v. INSURANCE COMPANY OF NORTH AMERICA Amended Judgment

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