PACIFIC EMPLOYERS INSURANCE COMPANY v. GLOBAL REINSURANCE CORPORATION OF AMERICA

Filing 77

MEMORANDUM AND/OR OPINION ORDER THAT THE DEFENDANT GLODAL REINSURANCE CORPORATION OF AMERICA'S MOTION FOR SUMMARY JUDGMENT ON COUNT I (DOC. NO.42) IS DENIED. SIGNED BY HONORABLE ROBERT F. KELLY ON 5/23/2011. 5/23/2011 ENTERED AND COPIES E-MAILED. (kk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
:
PACIFIC EMPLOYERS INSURANCE
:
COMPANY,
:
:
Plaintiff,
:
v.
:
:
GLOBAL REINSURANCE CORPORATION
:
OF AMERICA (FORMERLY KNOWN AS
:
CONSTITUTION REINSURANCE
:
CORPORATION),
:
:
Defendant.
:
__________________________________________:

CIVIL ACTION

No. 09-6055

ORDER
AND NOW this 23rd day of May, 2011, upon consideration of Defendant Global
Reinsurance Corporation of America’s Motion for Summary Judgment on Count I of its
Counterclaim for Declaratory Judgment (Doc. No. 42) and all the Responses, Replies and
Surreplies1 thereto, it is hereby ORDERED that Defendant’s Motion is DENIED.

BY THE COURT:
Robert F. Kelly
ROBERT F. KELLY
SENIOR JUDGE

1

We deny PEIC’s Motion for Leave to File a Surreply (Doc. No. 62) as moot since we
did not resort to extrinsic evidence in interpreting the Certificate. We further deny Global’s
Motions to Strike (Doc. No.’s 47, 50) as moot on the same basis.