TOLL BROS. INC. v. CENTURY SURETY COMPANY et al

Filing 69

ORDER THAT TOLL'S MOTION FOR PARTIAL SUMMARY JUDGMENT IS GRANTED AND SSEX'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART. A TELECONFERENCE SHALL BE HELD ON 6/26/2013 AT 11:00 AM. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 6/17/13. 6/18/13 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TOLL BROS., INC..,
Plaintiff,
v.
ESSEX INSURANCE COMPANY,
Defendant.

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CIVIL ACTION
NO. 07-1296

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ORDER

AND NOW, this _____ day of June, 2013, upon consideration of Plaintiff’s Motion for
Partial Summary Judgment (Doc. 61), Defendant Essex Insurance Company’s Response in
Opposition thereto (Doc. 65), Defendant Essex Insurance Company’s Motion for Summary
Judgment (Doc. 62), and Plaintiff’s Response in Opposition thereto (Doc. 66), IT IS HEREBY
ORDERED AND DECREED that the parties’ cross motions for summary judgment is resolved
as follows:
1.

Toll’s Motion for Partial Summary Judgment is GRANTED; and

2.

Essex’s Motion for Summary Judgment is DENIED with respect to Toll’s
defense claim (contained in Count VII) and GRANTED with respect to Toll’s
remaining claims.

IT IS FURTHER ORDERED that a teleconference shall be held on Wednesday, June
26, 2013 at 11:00 p.m. to discuss Essex’s obligation duty to defend Toll in the Ort/Iyer lawsuit.

BY THE COURT:
/s/ Petrese B. Tucker
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Hon. Petrese B. Tucker, U.S.D.J.