EVEREST INDEMNITY INSURANCE COMPANY v. VALLEY FORGE, INC.

Filing 17

ORDER THAT PLAINTIFF EVEREST INDEMNITY INSURANCE COMPANY'S MOTION FOR SUMMARY JUDGMENT IS GRANTED. DEFENDANT VALLEY FORGE, INC.'S MOTION FOR SUMMARY JUDGMENT IS DENIED. THE CLERK OF COURT SHALL CLOSE THIS CASE STATISTICALLY. SIGNED BY HONORABLE STEWART DALZELL ON 10/15/2015. 10/15/2015 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

EVEREST INDEMNITY
INSURANCE COMPANY
v.
VALLEY FORGE, INC.

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CIVIL ACTION

NO. 15-593

ORDER
AND NOW, this 15th day of October, 2015, upon consideration of the cross-motions for
summary judgment filed by plaintiff Everest Indemnity Insurance Company (docket entry #13)
and defendant Valley Forge, Inc. (docket entry #12), and for the reasons stated in the foregoing
Memorandum, it is hereby ORDERED that:
1.

Plaintiff Everest Indemnity Insurance Company’s motion for summary judgment

on the duty to defend issue is GRANTED;
2.

Defendant Valley Forge, Inc.’s motion for summary judgment on the duty to

defend issue is DENIED;
3.

Summary judgment is GRANTED sua sponte in favor of Everest Indemnity

Insurance Company on the duty to indemnify issue;
4.

Summary judgment is GRANTED sua sponte in favor of Everest Indemnity

Insurance Company on the breach of contract and bad faith counterclaims brought by Valley
Forge, Inc.;
5.

The Court DECLARES that pursuant to Everest Indemnity Insurance Company’s

Commercial General Liability Policy bearing number EF4ML02378-121, the insurer has no duty
to defend or indemnify Valley Forge, Inc. in the Underlying Action brought by the
Commonwealth of Pennsylvania against Valley Forge, Inc.; and

6.

The Clerk of Court shall CLOSE this case statistically.

BY THE COURT:

__/s/ Stewart Dalzell, J.
Stewart Dalzell, J.

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