In Re C.M. Meirs Company Inc

Filing 11

MINUTES (IN CHAMBERS) - ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES BANKRUPTCY JUDGE by Judge Christina A. Snyder: The Court accepts the Bankruptcy Judge's Report 2 and adopts it as its own findings and conclusions. The Court DE NIES the Chapter 11 Trustee's Motion for Summary Judgment as to the breach of the duty to indemnify, tortious breach of implied covenant of good faith and fair dealing, Brandt fees, and punitive damages. The Court GRANTS IN PART AND DENIES IN PA RT the Trustee's Motion for Summary Judgment as to the duty to defend. The Court finds that the Trustee's First Amended Complaint created a potential for liability under the policy that triggered a duty to defend, but does not make any find ings as to the amount of damages owed. The Court DENIES Evanston Insurance Company's Motion for Summary Judgment as to the breach of the duty to indemnify but GRANTS the Motion as to the tortious breach of implied covenant of good faith and fair dealing, punitive damages, and Brandt fees. The reference is withdrawn to this Court for further proceedings pursuant to 28 U.S.C. Section 157(d). Court Reporter: Not Present. (gk)