THE HANOVER INSURANCE COMPANY v. URBAN OUTFITTERS, INC. et al

Filing 42

MEMORANDUM AND ORDER THAT HANOVERS MOTION FOR JUDGMENT ON PLEADINGS IS GRANTED AS OUTLINED HEREIN. JUDGMENT IS ENTERED IN FAVOR OF THE HANOVER INSURANCE COMPANY AND AGAINST URBAN OUTFITTERS.. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 8/19/13. 8/19/13 ENTERED AND COPIES EMAILED.(rf, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA _____________________________________ THE HANOVER INSURANCE COMPANY, Plaintiff, v. URBAN OUTFITTERS et al. Defendants _____________________________________ URBAN OUTFITTERS et al. Third-Party Plaintiffs v. ONEBEACON AMERICA INSURANCE COMPANY, Third-Party Defendant _____________________________________ : : : : : : : : : CIVIL ACTION NO. 12-cv-3961 : : : : : : : : : ORDER AND NOW this 19th of August 2013, upon consideration of plaintiff The Hanover Insurance Company’s motion for judgment on the pleadings (Dkt. No. 26), defendant and thirdparty plaintiff Urban Outfitters’s response (Dkt. No. 29), third-party defendant One Beacon America Insurance Company’s response (Dkt. No. 30), Hanover’s reply brief (Dkt. No. 32), and Urban Outfitters’s surreply (Dkt. No. 33), it is ORDERED that Hanover’s motion is GRANTED. Hanover has no potential duty to indemnify, and therefore, no duty to defend the Urban Outfitters defendants in connection with the underlying suit brought by the Navajo Nation in the United States District Court for the District of New Mexico (No. 12-195). JUDGMENT is entered in favor of the Hanover Insurance Company and against Urban Outfitters. __ s/Thomas N. O’Neill, Jr____ THOMAS N. O’NEILL, JR., J.

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