GENERAL REFRACTORIES COMPANY v. FIRST STATE INSURANCE CO. et al
Filing
429
ORDER THAT THE FOLLOWING SUMMARY JUDGMENT MOTIONS LISTED HEREIN ARE DENIED IN THAT EACH ONE INVOLVES TRIABLE ISSUES. SIGNED BY HONORABLE EDMUND V. LUDWIG ON 3/21/2012. 3/21/2012 ENTERED AND COPIES MAILED AND E-MAILED.(sg, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
GENERAL REFRACTORIES COMPANY
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v.
FIRST STATE INSURANCE CO., et al.
CIVIL ACTION
No. 04-3509
ORDER
AND NOW, this 21st day of March 2012, the following summary judgment motions
are denied in that each one involves triable issues:
C
“Motion for Summary Judgment of Defendant, Travelers Casualty & Surety
Company (f/k/a The Aetna Casualty & Surety Company and Incorrectly
Designated in the Complaint as ‘St. Paul Travelers’” (doc. no. 338).
C
“Sentry Insurance, a Mutual Company’s, Motion for Summary Judgment as
to Application of Asbestos Exclusion” (doc. no. 339).
C
“AIU Insurance Company’s Motion for Partial Summary Judgment Regarding
1985-1986 Excess Policy” (doc. no. 340).
C
“Lexington Insurance Company’s Motion for Partial Summary Judgment
Regarding 1983 to 1984 Excess Policy” (doc. no. 341).
C
“Motion for Summary Judgment of Continental Insurance Company, as
Successor-In-Interest to Certain Policies Issued by Harbor Insurance
Company” (doc. no. 342 (sealed)).
C
“Defendant Westchester Fire Insurance Company’s Motion for Summary
Judgment Concerning the Application of Its Asbestos Exclusions to the
Underlying Asbestos Claims” (doc. no. 343 (sealed)).
C
“Defendant Republic Insurance Company’s Motion for Summary Judgment
Concerning the Application of Its Asbestos Exclusions to the Underlying
Asbestos Claims” (doc. no. 344 (sealed)).
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C
“Defendant Government Employees Insurance Company’s Motion for
Summary Judgment Concerning the Application of the Asbestos Exclusions
to the Underlying Asbestos Claims” (doc no. 345 (sealed)).
C
“Defendant Hartford Accident and Indemnity Company, First State Insurance
Company, Westport Insurance Company, and Lexington Insurance Company’s
Motion for Summary Judgment on the Ground That Asbestos Exclusions Bar
Coverage” (doc. nos. 347-350 (sealed)).
As to defendants’ affirmative defenses that the insurance policy exclusions are clear
and unambiguous and preclude coverage for the underlying asbestos-related actions against
plaintiff, these rulings are reserved until trial.
BY THE COURT:
/s/ Edmund V. Ludwig
Edmund V. Ludwig, J.
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