NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY v. ISMAKOVIC et al

Filing 26

ORDER THAT PLAINTIFFS MOTION FOR SUMMARY JUDGMENT (ECF DOC. NO. 20 ) IS GRANTED REQUIRING WE DECLARE PLAINTIFF IS NOT CONTRACTUALLY OBLIGATED TO DEFEND THE DEFENDANTS IN THE UNDERLYING SUIT IN STATE COURT; DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (ECF DOC. NO. 22 ) IS DENIED; AND, THE CLERK OF COURT SHALL CLOSE THIS CASE.. SIGNED BY HONORABLE MARK A. KEARNEY ON 3/31/21. 3/31/21 ENTERED AND COPIES E-MAILED.(va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
NATIONWIDE PROPERTY AND
CASUALTY INSURANCE COMPANY
v.

CIVIL ACTION

NO. 20-4082

GANI ISMAKOVIC, et al.

ORDER
AND NOW, this 3151 day of March 2021, upon considering the parties' cross-Motions for

summary judgment (ECF Doc. Nos. 20 & 22) seeking a declaration as to coverage under an
automobile policy, the Responses (ECF Doc. Nos. 23, 24), and for reasons in the accompanying
Memorandum, it is ORDERED:
1.

Plaintiffs Motion for summary judgment (ECF Doc. No. 20) is GRANTED

requiring we declare Plaintiff is not contractually obligated to defend the Defendants in the
underlying suit in state court;
2.

Defendants' Motion for summary judgment (ECF Doc. No. 22) is DENIED; and,

3.

The Clerk of Court shall close this case.