CITIZENS INSURANCE COMPANY OF AMERICA v. UNG et al

Filing 46

ORDER THAT THE MOTIONS FOR SUMMARY JUDGMENT FILED BY DEFENDANT UNG (DOC. NO. 37 ) AND DEFENDANT DIDONATO (DOC. NO. 31 ), ARE GRANTED IN PART AND DENIED IN PART, ETC. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 32 ), IS DENIED. THIS CASE IS DISMISSED WITHOUT PREJUDICE TO CITIZENS' RIGHT TO RE-FILE ON THE ISSUE OF CITIZENS' DUTY TO INDEMNIFY UNG IN CONNECTION WITH THE MATTER OF DIDONATO V. UNG, PHILA. COURT OF COMMON PLEAS, DEC. TERM, 2011, NO. 03852. THE CLERK OF COURT SHALL MARK THIS ACTION CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE L. FELIPE RESTREPO ON 2/21/2014. 2/24/2014 ENTERED AND COPIES E-MAILED.(amas)

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

CITIZENS INSURANCE COMPANY OF
AMERICA
v.
GERALD V. UNG and EDWARD
DIDONATO

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CIVIL ACTION

NO. 13-1978

ORDER
AND NOW, this 21st day of February, 2014, upon consideration of the Motion of
Plaintiff, Citizens Insurance Company of America (“Citizens”), for Summary Judgment
(Document 32), defendants’ Opposition thereto, and the Cross-Motions for Summary Judgment
filed by Defendant, Edward DiDonato (“DiDonato”) (Doc. 31), and Defendant, Gerald V. Ung
(“Ung”) (Doc. 37), and plaintiff’s opposition thereto, and following Oral Argument by counsel
for the parties by telephone conference on January 28, 2014, for reasons explained in the
accompanying Memorandum, it is hereby ORDERED that:
1. The Motions for Summary Judgment filed by Defendant Ung (Doc. 37) and
Defendant DiDonato (Doc. 31) are GRANTED with respect to Citizens’ duty to defend Ung in
the underlying state action;
2. Plaintiff, Citizens, must defend its insured, Gerald Ung, in connection with the
matter of DiDonato v. Ung, Phila. Court of Common Pleas, Dec. Term, 2011, No. 03852;
3. The Motions for Summary Judgment filed by Defendant Ung (Doc. 37) and

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Defendant DiDonato (Doc. 31) are DENIED as premature with respect to Citizens’ duty to
indemnify Ung in the underlying state action;
4. Plaintiff’s Motion for Summary Judgment is DENIED;
5. This case is DISMISSED without prejudice to Citizens’ right to re-file on the
issue of Citizens’ duty to indemnify Ung in connection with the matter of DiDonato v. Ung,
Phila. Court of Common Pleas, Dec. Term, 2011, No. 03852;
6. The Clerk of Court shall mark this action CLOSED for statistical purposes.

BY THE COURT:

s/ L. Felipe Restrepo
L. FELIPE RESTREPO
UNITED STATES DISTRICT JUDGE

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