ALLSTATE INSURANCE COMPANY et al v. WELLS et al

Filing 49

ORDER THAT UPON CONSIDERATION OF THE PARTIES' CROSS-MOTIONS FOR JUDGMENT ON THE PLEADINGS (DOCUMENTS 42 AND 46 ), AND AFTER A HEARING ON THE MOTIONS, IT IS HEREBY ORERED THAT THE PLAINTIFFS' MOTION IS GRANTED, THE DEFENDANTS' MOTION IS DENIED, AND JUDGMENT IS ENTERED IN FAVOR OF THE PLAINTIFFS. IT IS FURTHER ORDERED THAT THE PLAINTIFFS DO NOT HAVE A DUTY TO DEFEND OR INDEMNIFY DEFENDANT MARK WELLS FOR THE CLAIMS OF DEFENDANT KATHLEEN SCHICKLING, EXECUTRIX OF THE ESTATE OF JAMES SCHICKLING AND IN HER OWN RIGHT, AS SET FORTH IN THE COMPLAINT FILED IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 7/15/09. 7/17/09 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF PENNSYLVANIA A L L S T A T E INSURANCE C O M P A N Y , et al., P l a i n t i f fs v. G A I L L. WELLS, et al., D efe n d a n ts : : : : : : : : C IV IL ACTION

NO. 08-05294

ORDER A N D NOW, this 15th day of July, 2009, upon consideration of the parties'

cro ss-m o tio n s for judgment on the pleadings (Documents # 42 and 46), and after a h e a rin g on the motions, it is hereby ORDERED that the plaintiffs' motion is GRANTED, th e defendants' motion is DENIED, and judgment is entered in favor of the plaintiffs. IT IS FURTHER ORDERED that the plaintiffs do not have a duty to defend or in d e m n if y Defendant Mark Wells for the claims of Defendant Kathleen Schickling, E x e c u trix of the Estate of James Schickling and in her own right, as set forth in the c o m p la in t filed in the Court of Common Pleas of Philadelphia County, June Term, 2008, N o . 00073. BY THE COURT:

/s/ Lawrence F. Stengel LAWRENCE F. STENGEL, J.