ARCHWAY INSURANCE SERVICES v. JAMES RIVER INSURANCE COMPANY

Filing 41

MEMORANDUM AND ORDER THAT DEFENDANTS MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. IT IS FURTHER ORDERED THAT PARTIES SUBMIT SIMULTANEOUS BRIEFS NO LATER THAN 10/25/10 AS OUTLINED HEREIN.SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 9/21/10. 9/21/10 ENTERED AND COPIES MAILED, E-MAILED.(rf, )

ARCHWAY INSURANCE SERVICES v. JAMES RIVER INSURANCE COMPANY

Doc. 41

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ARCHWAY INSURANCE SERVICES, LLC : : v. : : JAMES RIVER INSURANCE COMPANY : ORDER AND NOW, this 21st day of September, 2010, in consideration of defendant's motion for summary judgment, plaintiff's response and defendant's reply, it is ORDERED that defendant's motion is GRANTED IN PART and DENIED IN PART as follows: 1) Defendant's motion for summary judgment with respect to plaintiff's claim of unjust enrichment is GRANTED and judgment is ENTERED in favor of defendant and against plaintiff on that count; 2) Defendant's motion for summary judgment with respect to plaintiff's claim of conversion is GRANTED and judgment is ENTERED in favor of defendant and against plaintiff on that count; 3) Defendant's motion for summary judgment is GRANTED insofar as plaintiff seeks to recover the premium paid in consideration of its medical professional liability insurance and judgment is ENTERED in favor of defendant and against plaintiff on that claim; 4) In all other respects, defendant's motion for summary judgment is DENIED. CIVIL ACTION NO. 09-2711

It is FURTHER ORDERED that the parties submit simultaneous briefs no later than October 25, 2010 addressing what amount of the insurance premium paid by Ardsley to defendant was consideration for the medical professional liability insurance. If discovery is

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necessary, it should be concluded by October 18, 2010. If the parties believe a settlement conference before Judge Restrepo might be productive they should contact my chambers (215-597-2750) promptly.

/s/ THOMAS N. O'NEILL, JR. THOMAS N. O'NEILL, JR., J.