INDEMNITY INSURANCE COMPANY OF NORTH AMERICA v. ELECTROLUX HOME PRODUCTS, INC.

Filing 41

MEMORANDUM AND/OR OPINION ORDER THAT COUNT I OF THE COMPLAINT IS DISMISSED. DEFT'S MOTION FOR SUMMARY JUDGMENT IS DENIED. DEFT'S MOTION FOR AN ADVERSE INFERENCE IS GRANTED.. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 12/6/2011. 12/8/2011 ENTERED AND COPIES E-MAILED.(tomg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

INDEMNITY INSURANCE COMPANY
OF NORTH AMERICA
a/s/o UNIONVILLE-CHADDS FORD
SCHOOL DISTRICT
v.
ELECTROLUX HOME PRODUCTS,
INC.

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CIVIL ACTION
NO. 10-4113

ORDER
AND NOW, this 6th day of December, 2011, upon consideration of Defendant
Electrolux Home Products, Inc.’s Motion for Summary Judgment (ECF No. 17), and all
documents submitted in support thereof and in opposition thereto, it is ORDERED as follows:
1.

Count I of the Complaint is DISMISSED.

2.

Defendant’s Motion for Summary Judgment is DENIED.

3.

Defendant’s Motion for an Adverse Inference is GRANTED.

IT IS SO ORDERED.
BY THE COURT:

R. BARCLAY SURRICK, J.