Asher et al v. Unarco Material Handling, Inc. et al
Filing 835
MEMORANDUM OPINION & ORDER: (1) Unarco's motion for partial summary judgment, R. 820, is GRANTED IN PART and DENIED IN PART. The motion is GRANTED with respect to Unarco's claim for breach of contract as it pertains to Lexington's dut y to provide a defense. The motion is DENIED with respect to Unarco's claim for indemnity. (2) Unarco's motion for summary judgment on its claims for damages flowing from the breach of the duty to defend, R. 820, are DENIED WITHOUT PREJUDIC E; (3) Lexingtons motion for summary judgment, R. 821 , is DENIED; (4) Lexington's motion to strike the affidavit of Ann Cherry, R. 825 , is DENIED AS MOOT. Motions terminated: 821 MOTION for Summary Judgment by Lexington Insurance Company filed by Lexington Insurance Company, 825 MOTION to Strike 820 MOTION for Partial Summary Judgment by Unarco Material Handling, Inc. by Lexington Insurance Company filed by Lexington Insurance Company. Signed by Judge Amul R. Thapar on 1/6/2011. (RBB)cc: COR
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