WESTMINSTER AMERICAN INSURANCE COMPANY v. SPRUCE 1530, LLC et al

Filing 17

ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IS GRANTED AND PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS DENIED. IT IS FURTHER ORDERED THAT JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS SPRUCE 1530 LLC, AL SHAPIRO AND ERNEST V. MILLER, SR. SIGNED BY HONORABLE NITZA I QUINONES ALEJANDRO ON 4/9/19. 4/11/19 ENTERED AND COPIES E-MAILED.(mbh, )

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

WESTMINSTER AMERICAN
INSURANCE COMPANY
Plaintiff

N0.17-5226

v.
SPRUCE 1530, LLC, et al.
Defendants

ORDER
AND NOW, this 9th day of April 2019, upon consideration of:

1. the motion for summary judgment filed by Plaintiff Westminster American
Insurance Company ("Plaintiff'), [ECF 10], the response in opposition thereto
filed by Defendants Spruce 1530, LLC, Al Shapiro, and Ernest V. Miller, Sr.
("Defendants"), [ECF 14], and
2.

the motion for summary judgment filed by Defendants, [ECF 11], and the
response in opposition thereto filed by Plaintiff, [ECF 13],

it is hereby ORDERED that, for the reasons set forth in the accompanying Memorandum
Opinion, Defendants' motion for summary judgment, [ECF 11], is GRANTED, and Plaintiffs
motion for summary judgment, [ECF 10], is DENIED.

It is further ORDERED that

JUDGMENT is entered in favor of Defendants Spruce 1530, LLC, Al Shapiro, and Ernest V.

Miller, Sr.
Consequently, it is declared that: (a) Plaintiff has a duty to defend Defendants against the
claims alleged by Touraine, L.P. in the civil action captioned Touraine, L.P. v. Spruce 1530 LLC
et al., No. 170603522 (C.P. Phila.) (the "Underlying Action"); and (b) Plaintiff is obligated to

reimburse Defendants for all costs, fees and expenses incurred to date and in the future relating
to their defense in the Underlying Action.

BY THE COURT:

Isl Nitza I Quinones Alejandro
NITZA I. QUINONES ALEJANDRO, J.
Judge, United States District Court