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

Filing 96

ORDER THAT THE COURT'S 6/17/13 ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT IS VACATED. DEFENDANT'S MOTION FOR SUMMARY JUDGMENT WITH RESPECT TO TOLL'S DEFENSE CLAIM IS GRANTED. PLAINTIFF'S AFFIDAVIT OF FEES AND COSTS IS DENIED. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 4/29/15. 4/29/15 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
II
FOR THE EASTERN DISTRI T OF PENNSYLVANIA
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TOLL BROS., INC.,
CIVIL ACTION

Plaintiff,

v.
NO. 07-01296
ESSEX INSURANCE CO., ET AL.,
Defendants.
ORDER
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AND NOW TIIlS 29th day of April, 2015, rpon consideration of Plaintiff Toll Brothers,
Inc.'s Affidavit of Fees and Costs (Doc. 88), Defen4ant Essex Insurance Company's Response in
Opposition thereto (Doc. 89), Plaintiffs Reply Brie[llin Further Support of Plaintiffs Affidavit of
Fees and Costs (Doc. 90), Defendant's Memorandu I Concerning Duty to Defend and Rescission
(Doc. 93), Plaintiffs Supplemental BriefRegardinJ Extinguishment of the Duty to Defend (Doc.
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94), and all other briefs, exhibits, and pares herein, IT IS HEREBY ORDERED and
!

DECREED as follows:

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1) The Court's June 17, 2013 Order granting Plaintiff Toll Brothers, Inc.'s Motion for
Partial Summary Judgment is VACATED;
2) Defendant Essex Insurance Company's Mot' on for Summary Judgment with respect to
Toll's defense claim is GRANTED; and
3) Plaintiff Toll Brothers, Inc. 's Affidavit of Fe,es and Costs is DENIED.

BY THE COURT:

/sf Petrese B. Tucker
Hon. Petrese B. Tucker, C.J.

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