Amerisure Insurance Company v. The Auchter Company et al

Filing 292

ORDER DENYING 224 Plaintiffs' Motion for Reconsideration and Reversal of Order on Cross Motions for Partial Summary Judgment [Doc. 216]; GRANTING 247 Amerisure's Motion for Partial Summary Judgment to the extent that Landmark has the duty to indemnify Arch and that duty is primary; DENYING 249 Landmark's Motion for Summary Judgment on the Duty to Defend and the Duty to Indemnify related to the Equitable Exception; GRANTING IN PART and DENYING IN PART 250 Landmar k American Insurance Company's Motion for Summary Judgment on the Duty to Indemnify; DENYING WITHOUT PREJUDICE 246 Amerisure's Motion to Bar the Expert Opinions and Testimony of Steven C. Shimp at Trial; DENYING WITHOUT PREJUDICE 248 Am erisure's Motion for Partial Summary Judgment against Arch Insurance Company regarding Claims for Insurance Coverage for the "Punch List" and "Delay Damage" Components of the Final Judgment; DENYING WITHOUT PREJUDICE 257 Am erisure's Objections to the Magistrate Judge's Non-Dispositive Order; GRANTING 271 Amerisure's Motion for the Entry of a Partial Final Summary Judgment against Landmark to the extent that the Court will enter judgment in favor of Amerisure and against Landmark following review of the parties forthcoming joint status report. The parties shall confer on or before March 4, 2019, to decide what, if any, issues remain for this Court's consideration and file a joint notice as to the status of this case on or before March 11, 2019. The Clerk shall ADMINISTRATIVELY CLOSE this case until further order of the Court.Signed by Judge Brian J. Davis on 2/14/2019. (AMP)