CAITLIN SPECIALTY INSURANCE COMPANY v. J.J. WHITE, INC.

Filing 115

MEMORANDUM OPINION ORDER THAT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 67 ) IS DENIED. J.J.WHITE AND SUNOCO'S "AMENDED MOTION FOR SUMMARY JUDGMENT, OR ALTERNATIVELY, PARTIAL SUMMARY JUDGMENT" (DOC. NO. 108 ) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 2/26/2018. 2/27/2018 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________________
CATLIN SPECIALTY INSURANCE CO.,

:
:
Plaintiff/Counterdefendant,
:
v.
:
:
J.J. WHITE, INC.,
:
:
Defendant/Counterplaintiff, :
:
SUNOCO, INC., et al.,
:
:
Counterplaintiffs.
:
____________________________________________:

CIVIL ACTION

No. 14-1255

ORDER
AND NOW, this 26th day of February, 2018, upon consideration of the “Motion for
Summary Judgment” filed by Plaintiff Catlin Specialty Insurance Company (“Plaintiff”) (Doc.
No. 67), and the “Amended Motion for Summary Judgment or, Alternatively, Partial Summary
Judgment” filed by Defendant/Counterplaintiff J.J. White, Inc. (“J.J. White”) and
Counterplaintiffs Sunoco, Inc. and Sunoco, Inc. (R&M) (Doc. No. 108), and the respective
responses and replies to each, and for the reasons set forth in this Court’s accompanying
Memorandum Opinion, it is hereby ORDERED that:
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Plaintiff’s “Motion for Summary Judgment” (Doc. No. 67) is DENIED.

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J.J. White and Sunoco’s “Amended Motion for Summary Judgment or, Alternatively,
Partial Summary Judgment” (Doc. No. 108) is GRANTED IN PART AND DENIED
IN PART. The Motion is GRANTED as to: (1) J.J. White and Sunoco’s claim that
Plaintiff breached its duty to defend them; and (2) Sunoco’s claim that it is an additional
insured. In all other respects, J.J. White and Sunoco’s Motion is DENIED.

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A separate order shall issue scheduling a telephone conference to discuss a trial schedule
and other pretrial matters.

BY THE COURT:
/s/ Mitchell S. Goldberg
____________________________
MITCHELL S. GOLDBERG, J.

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