PALLANTE v. THOSE CERTAIN UNDERWRITERS AT LLOYD'S, LONDON

Filing 61

ORDER THAT THE MOTION OF DEFENDANT THOSE CERTAIN UNDERWRITERS AT LLOYDS, LONDON FOR SUMMARY JUDGMENT UNDER RULE 56 OF THE FEDERAL RULES OF CIVIL PROCEDURE (DOC. # 55 ) AGAINST PLAINTIFF ROSSA PALLANTE IS GRANTED IN PART AND DENIED IN PART OUTLINED HEREIN. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/21/18. 8/21/18 ENTERED AND COPIES MAILED TO PRO SE, E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ROSSA PALLANTE
v.
THOSE CERTAIN UNDERWRITERS AT
LLOYD’S, LONDON

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CIVIL ACTION

NO. 17-1142

ORDER
AND NOW, this 21st day of August, 2018, for the
reasons set forth in the accompany memorandum, it is
hereby ORDERED that the motion of defendant Those Certain
Underwriters at Lloyd’s, London for summary judgment under Rule
56 of the Federal Rules of Civil Procedure (Doc. # 55) against
plaintiff Rossa Pallante is GRANTED in part and DENIED in part,
as follows:
1) Summary judgment is GRANTED in favor of defendant
Those Certain Underwriters at Lloyd’s, London and against
plaintiff Rossa Pallante on defendant’s counterclaim of common
law fraud.
2) Summary judgment is GRANTED in favor of defendant
Those Certain Underwriters at Lloyd’s, London and against
plaintiff Rossa Pallante on defendant’s counterclaim of fraud
under the New Jersey Fraud Prevention Act, N.J.S.A. §§ 17:33A,
et seq.

3) The homeowners insurance policy # WMPH00826 issued
to plaintiff Rossa Pallante by defendant Those Certain
Underwriters at Lloyd’s, London is rescinded ab initio.
4) Summary judgment is GRANTED in favor of defendant
Those Certain Underwriters at Lloyd’s, London and against
plaintiff Rossa Pallante in the amount of $361,767.16, plus
prejudgment interest in the amount of $45,345.15, for a total of
$407,112.31.
5) The motion of defendant Those Certain Underwriters
at Lloyd’s, London for summary judgment against plaintiff Rossa
Pallante as to its claim for a declaratory judgment is DENIED as
a matter of law and that claim is DISMISSED.

BY THE COURT:

/s/ Harvey Bartle III
J.

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