U Haul Co of Pennsylvania v. Utica Mutual Insurance Co, No. 13-2185 (3d Cir. 2014)
Annotate this Case
Download PDF
NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 13-2185 U-HAUL CO. OF PENNSYLVANIA, Appellant v. UTICA MUTUAL INSURANCE COMPANY, a New York corporation; REPUBLIC FRANKLIN INSURANCE COMPANY, a New York corporation On appeal from the United States District Court for the District of Delaware (D.C. No. 1-11-cv-00510) District Judge: Honorable Richard G. Andrews Submitted Under Third Circuit LAR 34.1(a) February 14, 2014 BEFORE: McKEE, Chief Judge, and CHAGARES and SHWARTZ, Circuit Judges (Opinion Filed: May 1, 2014) OPINION OF THE COURT McKEE, Chief Judge U-Haul Co. of Pennsylvania appeals the District Court s grant of summary judgment in favor of Utica Mutual Insurance Co. We will affirm. In granting summary judgment in favor of Utica, the District Court concluded that Kirkwood violated the terms of the underlying insurance policy by settling Billings claim without Utica s consent and that this gave rise to a presumption of prejudice under Delaware law. See U-Haul Co. of Pa. v. Utica Mut. Ins. Co., No. 11-510-RGA, 2013 WL 1726192, at * 4 (D. Del. Mar. 28, 2013). In reaching its conclusions, the District Court carefully and thoroughly explained its reasons for its conclusions, correctly identified the controlling law, and explained why that authority mandated summary judgment. We can add little to the court s wellreasoned and thorough opinion. Accordingly, we will affirm for substantially the reasons set forth by the District Court. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
