ASPEN SPECIALITY INSURANCE COMPANY v. HOSPITALITY SUPPORTIVE SYSTEMS, LLC

Filing 310

ORDERED AS FOLLOWS THAT MOTION FOR PARTIAL SUMMARY JUDGMENT OF INTERVENORS, CHICKIES AND PETES, INC., ET AL. PURSUANT TO F.R.C.P. 56 ON IMPROPER AND INEFFECTIVE POLICY CANCELLATION, AS AMENDED BY AMENDED MEMORANDUM OF LAW IN SUPPORT OF INTERVENORS CH ICKIES AND PETES[,] ET AL.S MOTION FOR PARTIAL SUMMARY JUDGMENT ON IMPROPER AND INEFFECTIVE POLICY CANCELLATION, IS DENIED WITHOUT PREJUDICE TO CHICKIES AND PETES RIGHT TO SEEK LEAVE OF COURT TO FILE AN ADDITIONAL MOTION FOR PARTIAL SUMMARY JUDGMENT WHEN THE RECORD IS COMPLETE AS OUTLINED HEREIN. SIGNED BY HONORABLE JAN E. DUBOIS ON 8/3/21. 8/4/21 ENTERED AND COPIES E-MAILED.(jaa, )

Case 2:16-cv-01133-JD Document 310 Filed 08/03/21 Page 1 of 5

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,
JOHN W. CONNELLY, JR., CHARLES
M. O’DONNELL, ESQ., McGRIFF
SIEBELS & WILLIAMS, INC.,
INSERVCO INSURANCE SERVICES,
INC., 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,

Case 2:16-cv-01133-JD Document 310 Filed 08/03/21 Page 2 of 5

OC-CPC,LLC,
AC-CPC,LLC
CRABCO ENTERPRISES, LLC
CPC PROPERTIES, INC.,
CRABCO ENTERPRISES PA LP,
PALMER SOCIAL CLUB, INC., and
RAVEL HOTEL, LLC, trading as
“PENTHOUSE 808”
Defendants.
HOSPITALITY SUPPORTIVE
SYSTEMS, LLC,
Plaintiff,
v.
ASPEN SPECIALTY INSURANCE
COMPANY,
Defendant.
BALIS FAMILY RESTAURANT CORP.,
and
ADELPHIA DEPTFORD, INC.,
collectively trading as “ADELPHIA
RESTAURANT,”
Plaintiffs,
v.
HOSPITALITY SUPPORTIVE
SYSTEMS, LLC,
EDWARD SNOW,
JOHN W. CONNELLY, JR.,
SELECTIVE RISK MANAGEMENT,
LLC, SELECTIVE LAW GROUP, LLC,
CHARLES M. O’DONNELL,
ANTHONY DiiENNO,
ASPEN SPECIALTY INSURANCE
COMPANY, and
AMTRUST INTERNATIONAL
UNDERWRITERS, LTD.,
Defendants.

Case 2:16-cv-01133-JD Document 310 Filed 08/03/21 Page 3 of 5

HOSPITALITY SUPPORTIVE
SYSTEMS, LLC, SELECTIVE RISK
MANAGEMENT LLC, EDWARD SNOW,
CHARLES M. O’DONNELL, JOHN
CONNELLY and ANTHONY DiIENNO.
Plaintiffs,

CIVIL ACTION

NO. 18-3777

v.
AIG SPECIALTY INSURANCE
COMPANY, HUB INTERNATIONAL
MIDWEST LIMITED and MARSH &
McLENNAN COMPANIES, INC.,
Defendants.

ORDER
AND NOW, this 3rd day of August, 2021, upon consideration of Motion for Partial
Summary Judgment of Intervenors, Chickie’s and Pete’s, Inc., et al. Pursuant to F.R.C.P. 56 on
Improper and Ineffective Policy Cancellation (Document No. 260, filed March 16, 2021);
Amended Memorandum of Law in Support of Intervenors Chickie’s and Pete’s[,] et al.’s Motion
for Partial Summary Judgment on Improper and Ineffective Policy Cancellation (Document No.
264, filed March 31, 2021); Defendant Palmer Social Club, Inc.’s Motion for Partial Summary
Judgment (Document No. 270, filed May 3, 2021); Motion for Partial Summary Judgment of
Intervenor, Ravel Hotel, LLC T/A Penthouse 808 Pursuant to F.R.C.P. 56 on Improper and
Ineffective Policy Cancellation (Document No. 271, filed May 3, 2021); Motion for Partial
Summary Judgment Under FRCP 56 of Plaintiff Adelphia Restaurant Seeking Declaratory
Judgment of Invalid Notice of Cancellation and Non-Renewal of Commercial Insurance
Coverage (Document No. 272, filed May 3, 2021); Aspen Specialty Insurance Company’s
Memorandum of Law in Opposition to the Intervenors’ Motions for Partial Summary Judgment
(Document No. 282, filed June 16, 2021); Memorandum of Law in Reply to Aspen Specialty
Insurance Company’s Opposition to Intervenor, Ravel Hotel, LLC T/A Penthouse 808’s Motion
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Case 2:16-cv-01133-JD Document 310 Filed 08/03/21 Page 4 of 5

for Partial Summary judgment on Improper and Ineffective Policy Cancellation (Document No.
287, filed June 21, 2021); Plaintiff Adelphia’s Response to Defendant Aspen’s CounterStatement of Undisputed Material Facts in Opposition to Adelphia and Intervenor’s Motions for
Partial Summary Judgment for Improper Notice of Coverage Cancellation (Document No. 288,
filed June 21, 2021); AmTrust International Underwriters, DAC Formerly Known as AmTrust
International Underwriters, Ltd.’s Response to the Statement of Undisputed Material Facts in
Support of the Motion for Partial Summary Judgment as to Insurers’ Invalid Notice of
Cancellation of Balis Family Restaurant Corp. and Adelphia Deptford, Inc., Collectively Trading
as “Adelphia Restaurant” and Counterstatement of Undisputed Material Facts (Document No.
139,1 filed July 16, 2021); Plaintiff Adelphia’ Response to Defendant AmTrust’s Opposition to
Motion of Partial Summary Judgment (Document No. 306, filed July 23, 2021); and AmTrust
International Underwriter, DAC, Formerly Known as AmTrust International Underwriters, Ltd.’s
Reply to “Further Answers” Asserted by Balis Family Restaurant Corp. and Adelphia Deptford,
Inc., Collectively Trading as “Adelphia Restaurant” in its “Response to Defendant AmTrust’s
Opposition to Motion of Partial Summary Judgment” (Document No. 141,2 filed July 28, 2021),
for the reasons stated in the Memorandum dated August 3, 2021, IT IS ORDERED as follows:
1.

Motion for Partial Summary Judgment of Intervenors, Chickie’s and Pete’s, Inc.,

et al. Pursuant to F.R.C.P. 56 on Improper and Ineffective Policy Cancellation, as Amended by
Amended Memorandum of Law in Support of Intervenors Chickie’s and Pete’s[,] et al.’s Motion
for Partial Summary Judgment on Improper and Ineffective Policy Cancellation, is DENIED

1

AmTrust International Underwriters, Ltd. filed this document in Civil Action No. 19-189, and this Document
Number corresponds to that Action. Civil Action Number 19-189 was consolidated with Civil Action Number
16-1133 by Stipulation and Order dated February 20, 2020. Stipulation and Order, Civil Action No. 16-1133 (E.D.
Pa. Feb. 20, 2020) (Document No. 191); Stipulation and Order, Civil Action No. 19-189 (E.D. Pa. Feb. 20, 2020)
(Document No. 121).
2
AmTrust International Underwriters, Ltd. filed this document in Civil Action No. 19-189, and this Document
Number corresponds to that Action. As stated supra, Civil Action Number 19-189 was consolidated with Civil
Action Number 16-1133 by Stipulation and Order dated February 20, 2020.

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Case 2:16-cv-01133-JD Document 310 Filed 08/03/21 Page 5 of 5

WITHOUT PREJUDICE to Chickie’s and Pete’s right to seek leave of Court to file an
additional Motion for Partial Summary Judgment when the record is complete.
2.

Defendant Palmer Social Club, Inc.’s Motion for Partial Summary Judgment is

DENIED WITHOUT PREJUDICE to Palmer Social Club, Inc.’s right to seek leave of Court
to file an additional Motion for Partial Summary Judgment when the record is complete.
3.

Motion for Partial Summary Judgment of Intervenor, Ravel Hotel, LLC T/A

Penthouse 808 Pursuant to F.R.C.P. 56 on Improper and Ineffective Policy Cancellation is
DENIED WITHOUT PREJUDICE to Ravel Hotel, LCC T/A Penthouse 808’s right to seek
leave of Court to file an additional Motion for Partial Summary Judgment when the record is
complete.
4.

Motion for Partial Summary Judgment Under FRCP 56 of Plaintiff Adelphia

Restaurant Seeking Declaratory Judgment of Invalid Notice of Cancellation and Non-Renewal of
Commercial Insurance Coverage is DENIED WITHOUT PREJUDICE to Adelphia
Restaurant’s right to seek leave of Court to file an additional Motion for Partial Summary
Judgment when the record is complete.
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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