NORTH AMERICAN ELITE INSURANCE COMPANY v. VICTORY FIRE PROTECTION, INC.

Filing 81

ORDERED THAT THE MOTION FOR SUMMARY JUDGMENT (DOC. NO. 65) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN.. SIGNED BY HONORABLE WENDY BEETLESTONE ON 8/24/18. 8/24/18 ENTERED AND COPIES MAILED AND E-MAILED.(jpd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
NORTH AMERICAN ELITE INSURANCE
COMPANY,
Plaintiff,

CIVIL ACTION

v.
NO. 17-3554
VICTORY FIRE PROTECTION, INC. ,
Defendant.
ORDER
AND NOW, this 23rd day of August, 2018, upon consideration of Simplex Grinnell LP’s
Motion for Summary Judgment (ECF No. 65), North American Elite Insurance Company’s
Response in Opposition thereto (ECF No. 66), Penn Builders, Inc.’s Response in Opposition
thereto (ECF No. 68 & 69), Victory Fire Protection, Inc.’s Response in Opposition thereto (ECF
No. 70 & 71), and Simplex Grinell LP’s Reply in Further Support thereof (ECF No. 73), IT IS
HEREBY ORDERED that the Motion is GRANTED IN PART AND DENIED IN PART as
follows:
(1) Summary Judgment is GRANTED as to North American Elite Insurance Company’s
Rule 14(a)(3) claim against Simplex Grinnell LP. North American’s claim against
Simplex Grinnell will be DISMISSED.
(2) Summary Judgment is DENIED as to Penn Builders, Inc., Victory Fire Protection, Inc.,
and Anchor Fire Protection Company’s claims against Simplex Grinnell LP.
BY THE COURT:

/s/Wendy Beetlestone, J.
_______________________________
WENDY BEETLESTONE, J.

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