FLEMING FITZGERALD & ASSOCIATES, LIMITED et al v. U.S. SPECIALTY INSURANCE COMPANY, No. 2:2007cv01596 - Document 70 (W.D. Pa. 2008)

Court Description: MEMORANDUM and ORDER granting 39 Motion for Partial Summary Judgment and granting in part and denying in part 51 Motion for Summary Judgment; Defendant's motion for summary judgment is granted only as to the Caldwell breach of contract claim (Count III of the Caldwell action) and denied as to the remaining Caldwell claims; Judgment is entered in favor of plaintiffs, and against defendant, as to liability for plaintiffs breach of contract claim; Defendants counterclaim against plaintiffs is dismissed. Signed by Judge Gary L. Lancaster on 9/30/08. (map)