GENERAL REFRACTORIES COMPANY v. FIRST STATE INSURANCE CO. et al

Filing 407

ORDER THAT PLAINTIFF GENERAL REFRACTORIES COMPANY'S MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST LEXINGTON INSURANCE COMPANY AND AIU INSURANCE COMPANY AS TO THEIR COUNTERCLAIMS OF REFORMATION AND RESCISSION IS GRANTED. THE COUNTER CLAIMS FOR REFO RMATION AND RESCISSION ASSERTED BY DEFENDANTS LEXING INSURANCE AND AIU INSURANCE ARE DISMISSED WITH PREJUDICE AND THEIR CROSS-MOTION IS DENIED. SIGNED BY HONORABLE EDMUND V. LUDWIG ON 1/27/2012. 1/30/2012 ENTERED AND COPIES MAILED AND E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GENERAL REFRACTORIES COMPANY
v.
FIRST STATE INSURANCE CO., et al.
(Lexington Insurance Company and
AIU Insurance Company)

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CIVIL ACTION

No. 04-3509

ORDER
AND NOW, this 27th day of January, 2012, “Plaintiff General Refractories
Company’s Motion for Partial Summary Judgment Against Lexington Insurance Company
and AIU Insurance Company as to Their Counterclaims of Reformation and Rescission”
(doc. no. 315) is granted. The counterclaims for reformation and rescission asserted by
defendants Lexington Insurance and AIU Insurance Company (doc. no. 284 at 29-37) are
dismissed with prejudice, and their cross-motion (doc. nos. 360, 361 (sealed)) is denied.
A memorandum accompanies this order.

BY THE COURT:
/s/ Edmund V. Ludwig
Edmund V. Ludwig, J.