ASPEN SPECIALITY INSURANCE COMPANY v. HOSPITALITY SUPPORTIVE SYSTEMS, LLC

Filing 105

ORDER THAT THE MOTION TO DISMISS THE AMENDED COMPLAINT IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN.. SIGNED BY HONORABLE JAN E. DUBOIS ON 8/17/2018. 8/20/2018 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ASPEN SPECIALTY INSURANCE
COMPANY,
Plaintiff,

CIVIL ACTION

v.
NO. 16-1133
HOSPITALITY SUPPORTIVE SYSTEMS,
LLC,
EDWARD E. SNOW,
THE CARMAN CORPORATION,
SELECTIVE RISK MANAGEMENT, LLC,
SELECTIVE LAW GROUP, LLC,
TRIGEN INSURANCE SOLUTIONS,
INC.,
TRIGEN HOSPITALITY GROUP, INC.,
PATRIOT UNDERWRITERS, INC.,
PATRIOT NATIONAL, INC.,
ABC CORPORATIONS 1-25,
CHICKIE’S AND PETE’S, INC.,
4010, INC.,
PACKER CAFÉ, INC., trading as
“CHICKIE’S & PETE’S,”
4010, LLC
POQUESSING MANAGEMENT, LLC
POQUESSING PROFESSIONAL
BUILDING, LLC,
CPC INTERNATIONAL, LLC, trading as “
PHILADELPHIA’S FAMOUS C&P,”
WRIGHT FOOD SERVICES, LLC,
CPC BUCKS, LLC,
AUDUBON CPC, LLC,
WARRINGTON CPC, LLC
DREXEL HILL CPC, LLC,
VENUE FOOD SERVICES, LLC
CRABCO PA GP LLC,
130 CRABCO REALTY NJ, LLC,
130 CRABCO NJ, LLC, trading as “
CHICKIE’S AND PETE’S,”
EHT CRABCO NJ, LLC, trading as
“CHICKIE’S AND PETE’S,”
WW-CPC, LLC,
OC-CPC,LLC,
AC-CPC,LLC

CRABCO ENTERPRISES, LLC
CPC PROPERTIES, INC.,
CRABCO ENTERPRISES PA LP, and
PALMER SOCIAL CLUB, INC.,
Defendants.
HOSPITALITY SUPPORTIVE SYSTEMS,
LLC,
Plaintiff,
v.
ASPEN SPECIALTY INSURANCE
COMPANY,
Defendant.
ORDER
AND NOW, this 17th day of August, 2018, upon consideration of Motion of Defendants
Snow, Carman Corporation, Selective Group LLC and Selective Risk Management LLC to
Dismiss Amended Complaint (Document No. 52, field April 28, 2017), Plaintiff Aspen Specialty
Insurance Company’s Memorandum of Law in Opposition to the Motion to Dismiss Filed by
Defendants Edward E. Snow, Carman Corporation, Selective Risk Management, LLC, and
Selective Law Group, LLC (Document No. 63, filed August 14, 2017), and Reply Memorandum
of Defendants Snow, Carman Corporation, Selective Law Group LLC and Selective Risk
Management LLC in Support of Motion to Dismiss Amended Complaint (Document No. 65,
filed August 28, 2017), for reasons stated in the accompanying Memorandum dated August 17,
2018, IT IS ORDERED that Motion of Defendants Snow, Carman Corporation, Selective
Group LLC and Selective Risk Management LLC to Dismiss Amended Complaint is
GRANTED IN PART and DENIED IN PART, as follows:
1. That part of defendants’ Motion to Dismiss seeking dismissal of plaintiff’s alter-ego
liability claim in Count X of the Amended Complaint is DENIED WITHOUT

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PREJUDICE to defendants’ right to raise the alter-ego liability issues after the
completion of discovery by motion for summary judgment and/or at trial;
2. That part of defendants’ Motion to Dismiss seeking dismissal of plaintiff’s negligence
claim in Count XI of the Amended Complaint is DENIED WITHOUT PREJUDICE to
defendants’ right to raise the negligence issues after the completion of discovery by
motion for summary judgment and/or at trial;
3. That part of defendants’ Motion to Dismiss seeking dismissal of plaintiff’s participation
liability claim in Count XII of the Amended Complaint is DENIED WITHOUT
PREJUDICE to defendants’ right to raise the participation liability issues after the
completion of discovery by motion for summary judgment and/or at trial;
4. That part of defendant’s Motion to Dismiss seeking dismissal of plaintiff’s claim for an
accounting against Selective Risk Management, LLC and Selective Law Group, LLC in
Count XIX of the Amended Complaint is GRANTED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that the caption of the case shall be amended to remove
Selective Risk Management, LLC and Selective Law Group, LLC as defendants.
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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