UNITED NATIONAL INSURANCE COMPANY et al v. INDIAN HARBOR INSURANCE COMPANY

Filing 103

ORDER THAT MOTION OF DEFT INDIAN HARBOR INSURANCE COMPANY FOR SUMMARY JUDGMENT (DOC. #79) IS GRANTED. MOTION OF PLFF PENN-AMERICA INSURANCE COMPANY FOR PARTIAL SUMMARY JUDGMENT (DOC. #74) IS DENIED; MOTION OF PENN-AMERICA INSURANCE COMPANY FOR PARTIA L SUMMARY JUDGMENT (DOC. #76) IS DENIED. MOTION OF PENN-AMERICA INSURANCE COMPANY FOR PARTIAL SUMMARY JUDGMENT (DOC. #77) IS DENIED. MOTION OF PENN-AMERICA INSURANCE COMPANY FOR SUMMARY JUDGMENT (DOC. #73) IS DENIED AS MOOT. MOTION OF INDIAN HARBOR I NSURANCE COMPANY TO STRIKE THE REPORT & PROPOSED TESTIMONY OF PLFFS' EXPERT JAMES T. MARNEN (DOC. #75) IS DENIED AS MOOT; & MOTION OF INDIAN HARBOR INSURANCE COMPANY TO STRIKE THE REPORT & PROPOSED TESTIMONY OF PLFFS' EXPERT MICHAEL F. AYLWARD (DOC. #78) IS DENIED AS MOOT.SIGNED BY HONORABLE HARVEY BARTLE, III ON 2/8/16. 2/8/16 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
UNITED NATIONAL INSURANCE
COMPANY, et al.
v.
INDIAN HARBOR INSURANCE COMPANY

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CIVIL ACTION

NO. 14-6425

ORDER
AND NOW, this 8th day of February, 2016, for the
reasons set forth in the accompanying memorandum, it is hereby
ORDERED that:
(1)

the motion of defendant Indian Harbor Insurance

Company for summary judgment (Doc. # 79) is GRANTED;
(2)

the motion of plaintiff Penn-America Insurance

Company “for partial summary judgment that the allocation
provision in the Indian Harbor policy does not apply to either
the Jackson or Peccadillos settlements” (Doc. # 74) is DENIED;
(3)

the motion of Penn-America Insurance Company “for

partial summary judgment that Indian Harbor Insurance Company
breached its contractual obligation to ‘pay on behalf of’”
(Doc. # 76) is DENIED;
(4)

the motion of Penn-America Insurance Company “for

partial summary judgment that Indian Harbor may not, as a matter
of law, deny coverage for the Peccadillo’s settlement based on
Exclusion (H)” (Doc. # 77) is DENIED;

(5)

the motion of Penn-America Insurance Company “for

summary judgment as to affirmative defenses two through twelve
raised by Indian Harbor Insurance Company” (Doc. # 73) is DENIED
as moot;
(6)

the motion of Indian Harbor Insurance Company “to

strike the report and proposed testimony of plaintiffs’ expert
James T. Marnen” (Doc. # 75) is DENIED as moot; and
(7)

the motion of Indian Harbor Insurance Company “to

strike the report and proposed testimony of plaintiffs’ expert
Michael F. Aylward” (Doc. # 78) is DENIED as moot.

BY THE COURT:

/s/ Harvey Bartle III
J.

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