CATLIN SPECIALTY INSURANCE COMPANY v. J.J. WHITE, INC., No. 2:2014cv01255 - Document 115 (E.D. Pa. 2018)
Court Description: MEMORANDUM OPINION ORDER THAT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 67 ) IS DENIED. J.J.WHITE AND SUNOCO'S "AMENDED MOTION FOR SUMMARY JUDGMENT, OR ALTERNATIVELY, PARTIAL SUMMARY JUDGMENT" (DOC. NO. 108 ) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 2/26/2018. 2/27/2018 ENTERED AND COPIES E-MAILED.(amas)
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ____________________________________________ CATLIN SPECIALTY INSURANCE CO., : : Plaintiff/Counterdefendant, : v. : : J.J. WHITE, INC., : : Defendant/Counterplaintiff, : : SUNOCO, INC., et al., : : Counterplaintiffs. : ____________________________________________: CIVIL ACTION No. 14-1255 ORDER AND NOW, this 26th day of February, 2018, upon consideration of the “Motion for Summary Judgment” filed by Plaintiff Catlin Specialty Insurance Company (“Plaintiff”) (Doc. No. 67), and the “Amended Motion for Summary Judgment or, Alternatively, Partial Summary Judgment” filed by Defendant/Counterplaintiff J.J. White, Inc. (“J.J. White”) and Counterplaintiffs Sunoco, Inc. and Sunoco, Inc. (R&M) (Doc. No. 108), and the respective responses and replies to each, and for the reasons set forth in this Court’s accompanying Memorandum Opinion, it is hereby ORDERED that: - Plaintiff’s “Motion for Summary Judgment” (Doc. No. 67) is DENIED. - J.J. White and Sunoco’s “Amended Motion for Summary Judgment or, Alternatively, Partial Summary Judgment” (Doc. No. 108) is GRANTED IN PART AND DENIED IN PART. The Motion is GRANTED as to: (1) J.J. White and Sunoco’s claim that Plaintiff breached its duty to defend them; and (2) Sunoco’s claim that it is an additional insured. In all other respects, J.J. White and Sunoco’s Motion is DENIED. 1 - A separate order shall issue scheduling a telephone conference to discuss a trial schedule and other pretrial matters. BY THE COURT: /s/ Mitchell S. Goldberg ____________________________ MITCHELL S. GOLDBERG, J. 2
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