National Heritage Foundation, Inc. v. Philadelphia Indemnity Insurance Company, No. 1:2012cv00447 - Document 66 (E.D. Va. 2012)
Court Description: MEMORANDUM OPINION re: cross motions for summary judgment. Signed by District Judge T. S. Ellis, III on 10/25/12. (pmil)
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division NATIONAL HERITAGE FOUNDATION, INC., Plaintiff, Case No. l:12-cv-447 v. PHILADELPHIA INDEMNITY INSURANCE COMPANY, Defendant. MEMORANDUM OPINION In this diversity insurance dispute, plaintiff insured makes certain claims for coverage and indemnification under policies issued by defendant insurer, while defendant insurer contends, at this stage, that the claims are barred by a release plaintiff signed in settlement of an earlier lawsuit between the parties. At issue therefore, on cross motions for summary judgment, is the scope of the release. For the reasons that follow, the release, properly construed, bars some, but not all of plaintiff s claims, and thus the parties' summary judgment motions must each be granted in part and denied in part. I. The facts material to the summary judgment determination are undisputed and may be succinctly stated. Plaintiff National Heritage Foundation, Inc. ("NHF") is a non-profit Georgia corporation that administers donor-advised funds. Donor-advised funds are an alternative to the typical philanthropic device of a donor-created private charitable foundation. In the case of a donor-advised fund, the donor does not create a foundation, but instead contributes money to the sponsoring foundation in this case NHF which then distributes the funds to other charitable organizations in the donor's name. The donors may advise the sponsoring foundation how they 1
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