STATE FARM FIRE AND CASUALTY COMPANY v. JACKSON et al

Filing 27

ORDER THAT THE MOTION FOR SUMMARY JUDGMENT (DOC. NO. 18 ) IS GRANTED. IT IS FURTHER ORDERED THAT PLAINTIFF STATE FARM FIRE AND CASUALTY COMPANY DOES NOT HAVE A DUTY TO DEFEND OR A DUTY TO INDEMNIFY DEFENDANT GARY JACKSON UNDER HOMEOWNERS POLICY NO. 78-CG-W568-8, IN THE UNDERLYING ACTION CAPTIONED JONATHAN COX V. AMDEL, LTD D/B/A/ FOUNTAIN STREET PUB, FOUNTAIN STREET PUB, WILLIAM FLYNN, AND GARY JACKSON, DOCKET NO. 170300420, PENDING IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, FIRST JUDICIAL DISTRICT OF PENNSYLVANIA. JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANTS. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 8/21/18. 8/22/18 ENTERED AND COPIES E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
STATE FARM FIRE & CASUALTY
COMPANY,

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Plaintiff,
v.
GARY JACKSON and KATHLEEN
JACKSON,
Defendants.

CIVIL ACTION

NO. 18-102

ORDER
AND NOW, this 21st day of August, 2018, upon consideration of Plaintiff State Farm
Fire and Casualty Company’s Motion for Summary Judgment (Doc. No. 18), Defendants’ Gary
and Kathleen Jackson’s Response (Doc. No. 22), and Plaintiff’s Reply (Doc. No. 25), it is hereby
ORDERED that the Motion is GRANTED.
It is further ORDERED that Plaintiff State Farm Fire and Casualty Company does not
have a duty to defend or a duty to indemnify Defendant Gary Jackson under Homeowners Policy
No. 78-CG-W568-8, in the Underlying Action captioned Jonathan Cox v. Amdel, LTD d/b/a/
Fountain Street Pub, Fountain Street Pub, William Flynn, and Gary Jackson, Docket No.
170300420, pending in the Court of Common Pleas of Philadelphia County, First Judicial
District of Pennsylvania.
JUDGMENT IS ENTERED in favor of Plaintiff and against Defendants. The Clerk of
Court shall mark this case CLOSED.
BY THE COURT:
/s/ Mitchell S. Goldberg
_______________________________
MITCHELL S. GOLDBERG, J.