INDIAN HARBOR INSURANCE COMPANY v. F&M EQUIPMENT LTD.

Filing 70

ORDER THAT F&M EQUIPMENT LTD'S MOTION FOR PARTIAL SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART. PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT IS DENIED. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 7/17/17. 7/18/17 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
INDIAN HARBOR INSURANCE
COMPANY,

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Plaintiff,
v.
F&M EQUIPMENT LTD., f/k/a
FURNIVAL MACHINERY COMPANY,
Defendant.

CIVIL ACTION
NO. 12-1506

ORDER
AND NOW, this __17th__ day of July, 2017, upon consideration of the following:
1.

Indian Harbor Insurance Company’s Motion for Partial Summary Judgment
(Doc. 62);

2.

F&M Equipment, Ltd.’s Motion for Partial Summary Judgment (Doc. 64);

3.

Indian Harbor Insurance Company’s Brief in Opposition to F&M Equipment
Ltd’s Motion for Partial Summary Judgment (Doc. 65);

4.

Counter-Plaintiff F&M Equipment Ltd’s Memorandum of Law in Opposition to
[Counter-]Defendant’s Motion for [Partial] Summary Judgment (Doc. 66);

5.

Counter-Plaintiff F&M Equipment, Ltd’s Reply Memorandum of Law in Support
of its Motion for [Partial] Summary Judgment (Doc. 67); and

6.

Indian Harbor Insurance Company’s Reply in Support of Motion for Partial
Summary Judgment (Doc. 68);

IT IS HEREBY ORDERED AND DECREED as follows: 1

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This Order accompanies the Court’s Memorandum Opinion dated July 17, 2017.
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1.

Defendant F&M Equipment Ltd.’s Motion for Partial Summary Judgment (Doc.
64) is GRANTED IN PART AND DENIED IN PART. Defendant F&M
Equipment Ltd.’s Motion for Partial Summary Judgment is GRANTED to the
extent that it seeks to compel Indian Harbor to include some recognizable
extension of the cancellation and nonrenewal terms contained in Endorsement No.
16 in Indian Harbor’s renewal policy offer; but Defendant F&M Equipment Ltd.’s
Motion for Partial Summary Judgment is DENIED to the extent that it seeks to
compel Indian Harbor’s inclusion of the identical language of Endorsement No.
16 in its renewal policy offer; and

2.

Plaintiff Indian Harbor Insurance Company’s Motion for Partial Summary
Judgment (Doc. 62) is DENIED.

BY THE COURT:
/s/ Petrese B. Tucker
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Hon. Petrese B. Tucker, C.J.

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