ONEBEACON AMERICA INSURANCE COMPANY v. URBAN OUTFITTERS, INC. et al

Filing 47

ORDERED THAT ONE BEACON'S MOTION FOR SUMMARY JUDGMENT IS GRANTED; HANOVER'S MOTION FOR SUMMARY JUDGMENT IS GRANTED; URBAN OUTFITTERS' MOTION FOR PARTIAL SUMMARY JUDGMENT IS DENIED; THE COURT DECLARES THAT NEITHER ONE BEACON NOR HANOVER HAS A DUTY TO DEFEND URBAN OUTFITTERS IN THE THREE STATE CLASS ACTIONS AT ISSUE; AND THE CLERK SHALL CLOSE THIS CASE STATISTICALLY. SIGNED BY HONORABLE STEWART DALZELL ON 5/15/2014. 5/16/2014 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ONEBEACON AMERICA INSURANCE
COMPANY
v.
URBAN OUTFITTERS, INC. and
ANTHROPOLOGIE, INC.
v.
THE HANOVER INSURANCE GROUP

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CIVIL ACTION

NO. 13-5269

ORDER
AND NOW, this 15th day of May, 2014, upon consideration of OneBeacon
America Insurance Company’s (“OneBeacon”) motion for summary judgment (docket entry # 38),
The Hanover Insurance Group’s (“Hanover”)1 motion for summary judgment (docket entry # 36),
and the motion for partial summary judgment filed by Urban Outfitters, Inc. and Anthropologie,
Inc. (collectively, “Urban Outfitters”) (docket entry # 35), and the parties’ responses in opposition
thereto, and for the reasons articulated in the accompanying Memorandum, it is hereby
ORDERED that:
1.

OneBeacon’s motion for summary judgment is GRANTED;

2.

Hanover’s motion for summary judgment is GRANTED;

3.

Urban Outfitters’ motion for partial summary judgment is DENIED;

4.

The Court DECLARES that neither OneBeacon nor Hanover has a duty to

defend Urban Outfitters in the three state class actions at issue; and

1

This entity is properly known as The Hanover Insurance Company.

5.

The Clerk of Court shall CLOSE this case statistically.
BY THE COURT:

_/s/ Stewart Dalzell, J.
Stewart Dalzell, J.