OneBeacon Insurance Company v. Freundschuh et al, No. 1:2008cv00823 - Document 59 (W.D.N.Y. 2011)

Court Description: DECISION AND ORDER granting Plaintiff's 42 Motion for Summary Judgment, and finds that OneBeacon is entitled to a judgment in its favor as a matter of law declaring that it has no duty to provide a defense or to indemnify Defendant with respec t to the underlying action pending in NYS Supreme Court, Erie County, and that OneBeacon is entitled to recoup reasonable defense costs incurred in the underlying action to date. The parties to this declaratory action shall bear their own costs. The Clerk is directed to enter judgment in favor of Plaintiff, and to close this case. Signed by Hon. John T. Curtin on 8/24/2011. (JEC)