Hortica-Florists' Mutual Insurance Company v. Pittman Nursery Corporation et al

Filing 138

ORDER denying 96 Motion for Partial Summary Judgment. Signed by Honorable Harry F. Barnes on March 2, 2010. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION HORTICA-FLORISTS' MUTUAL INSURANCE COMPANY PLAINTIFF VS. CASE NO. 07-cv-1119 PITTMAN NURSERY CORPORATION, DONNA SUE PITTMAN KING, ARCELIA MONTIZE, EVENCIO GARCIA, AGUSTIN GARCIA GONZALEZ, and JOHN-MICHAEL HUNTER DEFENDANTS ORDER Before the Court is a Motion for Partial Summary Judgment filed by Plaintiff, HorticaFlorists' Mutual Insurance Company ("Hortica"). (Doc. 96). Separate Defendant Pittman Nursery Corporation ("PNC") has responded. (Docs. 103, 106). Separate Defendants Arcelia Montize, Evencio Garcia, and Agustin Garcia Gonzalez also have responded. (Doc. 101). Hortica filed a reply. (Doc. 108). PNC has filed a sur-reply. (Doc. 111). The Court finds this matter ripe for consideration. For the reasons discussed in the Memorandum Opinion of even date, the Court finds that Hortica has a duty to defend PNC in the Montize and Hunter Litigations. Accordingly, Hortica's Motion for Partial Summary Judgment (Doc. 96) is DENIED. IT IS SO ORDERED, this 2d day of March, 2010. /s/ Harry F. Barnes Hon. Harry F. Barnes United States District Judge

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