Wausau Business Insurance Co et al v. Younger et al, No. 1:2009mc00043 - Document 4 (D. Del. 2009)
Court Description: Copy of MEMORANDUM OPINION and Order Signed by Judge Gross on 2/18/09 in USBK Delaware. (Attachments: # 1 Order)(dab)
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IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: ) ) IDLEAIRE TECHNOLOGIES CORPORATION, ) ) Debtor. ) ___________________________________________ ) WAUSAU BUSINESS INSURANCE COMPANY ) and EMPLOYERS INSURANCE OF WAUSAU ) COMPANY, ) ) Plaintiffs/Counterclaim Defendants, ) ) v. ) ) IDLEAIRE TECHNOLOGIES CORPORATION, ) ) Debtor/Defendant/Counterclaim Plaintiff, ) ) and ) ) NANCY YOUNGER and ) ESTATE OF WILLIAM YOUNGER, ) ) Claimants/Movants/Defendants. ) Chapter 11 Case No. 08-10960(KG) Adv. No. 08-51227(KG) Re Dkt Nos. 11 & 17 ORDER In this adversary proceeding, plaintiffs Wausau Business Insurance Company and Employers Insurance of Wausau Company ( plaintiffs ) have moved for summary judgment declaring that coverage under policies they issued to defendant IdleAire Technologies Corporation ( Debtor ) is unavailable because of policy exclusions ( Ground I ) and that Debtor violated policy terms thereby eliminating coverage ( Ground II ). The defendants, Nancy Younger and the Estate of William Younger ( defendants ), have cross moved for summary judgment on Ground I. For the reasons set forth in the companion Memorandum Opinion, IT IS HEREBY ORDERED this 18 th day of February, 2009, that: 1. Plaintiffs motion for summary judgment on Ground I and Ground II is DENIED. 2. Defendants cross motion for summary judgment on Ground I is GRANTED. KEVIN GROSS, U.S.B.J. 2
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