NAVIGATORS INSURANCE COMPANY v. RESNICK AMSTERDAM LESHNER, P.C. et al

Filing 33

MEMORANDUM OPINION ORDER THAT THE MOTIONS FOR SUMMARY JUDGMENT (DOC. NOS. 16 , 17 AND 30 ) ARE GRANTED IN PART AND DENIED IN PART. NAVIGATORS INSURANCE COMPANY HAS A DUTY TO DEFEND RESNICK AMSTERDAM LESHNER, P.C., AND ARTHUR H. FELDERSTEIN IN THE PENDING ACTION IN THE MONTGOMERY COUNTY COURT OF COMMON PLEAS, ETC. NAVIGATORS INSURANCE COMPANY HAS NO DUTY TO INDEMNIFY RESNICK AMSTERDAM LESHER, P.C. AND/OR ARTHUR H. FELDERSTEIN IN THE PENDING ACTION. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 5/18/2015. 5/18/2015 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
NAVIGATORS INSURANCE COMPANY

CIVIL ACTION

v.
RESNICK AMSTERDAM LESHNER, P.C.,
ARTHUR H. FELDERSTEIN, C.P.A.

NO. 14-5158

ORDER
AND NOW, this 18th day of May, 2015, upon consideration of the cross-motions for
summary judgment (Document Nos. 16, 17 and 30) filed by the defendant Resnick
Amsterdam Leshner, P.C., the plaintiff Navigators Insurance Company and the defendant
Arthur H. Felderstein, the responses to the respective motions, and after oral argument,
it is ORDERED that the motions are GRANTED IN PART and DENIED IN PART.
IT IS FURTHER ORDERED and DECLARED as follows:
1.

Navigators Insurance Company has a duty to defend Resnick Amsterdam

Leshner, P.C., and Arthur H. Felderstein in the pending action in the Montgomery County
Court of Common Pleas, captioned Phillip Cannella and First Senior Financial Group, LLC
v. Resnick Amsterdam Leshner, P.C. and Arthur H. Fe/derstein, No. 2013-2862;

2.

Navigators Insurance Company has no duty to indemnify Resnick Amsterdam

Lesher, P.C. and/or Arthur H. Felderstein in the pending action.