TRUSTGARD INSURANCE COMPANY v. JOHNSON et al

Filing 24

MEMORANDUM AND/OR OPINION ORDER THAT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS GRANTED; PLAINTIFF DOES NOT HAVE A DUTY TO DEFEND OR INDEMNIFY DEFENDANT DANIEL JAMES JOHNSON IN THE UNDERLYING CIVIL ACTION FILED AGAINST HIM BY DEFENDANT CHESTER H EIGHTS CAMP MEETING ASSOCIATION IN THE DELAWARE COUNTY COURT OF COMMON PLEAS (NO. 12-467). DEFENDANT CHESTER HEIGHTS CAMP MEETING ASSOCIATION'S MOTION IS DENIED. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 6/12/2013. 6/13/2013 ENTERED AND COPIES E-MAILED; AND MAILED TO PRO SE PARTIES AND UNREPS. (ems)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ____________________________________ TRUSTGARD INSURANCE CO., : Plaintiff, : : CIVIL ACTION v. : : NO. 12-2273 DANIEL JAMES JOHNSON, et al., : Defendants. : ORDER AND NOW, this 12th day of June 2013, upon consideration of the cross-motions for summary judgment filed by Plaintiff Trustgard Insurance Company (Doc. No. 16) and Defendant Chester Heights Camp Meeting Association (Doc. No. 17), and the responses thereto, and for the reasons stated in the accompanying Opinion, it is hereby ORDERED as follows: 1. Plaintiff’s Motion for Summary Judgment is GRANTED; Plaintiff does not have a duty to defend or indemnify Defendant Daniel James Johnson in the Underlying Civil Action filed against him by Defendant Chester Heights Camp Meeting Association in the Delaware County Court of Common Pleas (No. 12-467). 2. Defendant Chester Heights Camp Meeting Association’s Motion is DENIED. The Clerk of Court is directed to CLOSE this case. It is so ORDERED. BY THE COURT: /s/ Cynthia M. Rufe _______________________ CYNTHIA M. RUFE, J.

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