PETROSKY v. ALLSTATE FIRE & CASUALTY INSURANCE COMPANY

Filing 22

ORDER THAT DEFENDANT ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY'S MOTION FOR SUMMARY JUDGMENT 15 IS DENIED, AND PLAINTIFF ALAN PETROSKY'S CROSS-REQUEST FOR SUMMARY JUDGMENT (DOC. NO. 16 AT 13) IS GRANTED. THE CLERK OF COURT IS RESPECTFULLY DIRECTED TO REMOVE THIS ACTION FROM THE COURT'S ACTIVE DOCKET AND MARK IT CLOSED AND TERMINATED. SIGNED BY HONORABLE LEGROME D. DAVIS ON 10/30/15. 10/30/15 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ALAN PETROSKY
v.
ALLSTATE FIRE AND CASUALTY
INSURANCE COMPANY

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CIVIL ACTION

No. 14-3970

ORDER
AND NOW this 30th day of October, 2015, upon consideration of the parties= moving
papers, 1 it is hereby ORDERED that Defendant Allstate Fire and Casualty Insurance Company=s
(AAllstate@) Motion for Summary Judgment (Doc. No. 15) is DENIED, and Plaintiff Alan
Petrosky=s cross-request for summary judgment (Doc. No. 16 at 13) is GRANTED.
It is FURTHER ORDERED that under the terms of the automobile insurance policy
issued by Allstate to Petrosky (Doc. No. 15-6), Petrosky is entitled to payment by Allstate of
underinsured motorist insurance benefits (UIM), see accompanying Memorandum.
The Court retains jurisdiction for ninety (90) days from today’s date. During that period,
should the parties be unable to resolve the insured damages, either side may move the Court for
further adjudication or assistance in resolving this action.
The CLERK OF COURT is respectfully DIRECTED to remove this action from the
Court’s active docket and mark it CLOSED and TERMINATED.

BY THE COURT:
/s/ Legrome D. Davis
Legrome D. Davis, J.

1

Defendant Allstate=s Motion for Summary Judgment (Doc. No. 15), Plaintiff Alan Petrosky=s
Response (Doc. No. 16), Defendant=s Reply (Doc. No. 17), and Plaintiff=s and Defendant=s respective
Supplemental Briefs (Doc. Nos. 19, 20).