KOONS v. XL INSURANCE AMERICA, INC. et al

Filing 40

ORDER THAT XL AND GREENWICH'S MOTION FOR SUMMARY JUDGMENT AS TO COUNT I OF KOONS'S COMPLAINT AND AS TO THEIR COUNTERCLAIMS AGAINST KOONS IS GRANTED AND JUDGMENT IS ENTERED IN FAVOR OF XL AND GREENWICH AND AGAINST KOONS AS TO THESE CLAIMS. K OONS'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO HIS CLAIM AGAINST XL IN COUNT I IS DENIED. XL AND GREENWICH'S MOTION FOR SUMMARY JUDGMENT AS TO COUNT II OF KOONS'S COMPLAINT IS GRANTED AND JUDGMENT IS ENTERED IN FAVOR OF XL AND GREENW ICH AND AGAINT KOONS AS TO THIS COUNT. THE PARTIES SHALL SUBMIT THEIR PROPOSALS REGARDING THE DISPOSITION OF THE BAD-FAITH CLAIM IN CONT III OF KOONS'S COMPLAINT BY LETTER WITHIN 15 DAYS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 5/29/12. 5/30/12 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
STEPHEN P. KOONS,
Plaintiff,
v.
XL INSURANCE AMERICA, INC., and
GREENWICH INSURANCE COMPANY,
Defendants.

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CIVIL ACTION NO. 11-2956

ORDER
AND NOW, this 29th day of May, 2012, upon careful consideration of the
cross-motions for summary judgment filed by plaintiff Stephen P. Koons (document no. 24) and
by defendants XL Insurance America, Inc. (“XL”), and Greenwich Insurance Company
(“Greenwich”) (document no. 23), as well as the responses and replies thereto, IT IS HEREBY
ORDERED as follows:
1. XL and Greenwich’s motion for summary judgment as to count I of Koons’s complaint
and as to their counterclaims against Koons is GRANTED and judgment is ENTERED in favor
of XL and Greenwich and against Koons as to these claims. The court DECLARES that neither
XL nor Greenwich has a duty to defend or indemnify Koons in the action entitled Samantha L.
Andre v. Stephen P. Koons d/b/a Miller Concrete et al., No. 2011-06272, in the Court of
Common Pleas of Montgomery County. Koons’s motion for partial summary judgment as to his
claim against XL in count I is DENIED.

2. XL and Greenwich’s motion for summary judgment as to count II of Koons’s
complaint is GRANTED and judgment is ENTERED in favor of XL and Greenwich and against
Koons as to this count.
3. The parties shall submit their proposals regarding the disposition of the bad-faith claim
in count III of Koons’s complaint by letter within 15 days of the date of this order.

/s/William H. Yohn Jr.
William H. Yohn Jr., Judge