NATIONWIDE MUTUAL INSURANCE COMPANY v. ZERR et al

Filing 29

ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART, AS FOLLOWS: THE MOTION IS GRANTED WITH REPECT TO ROBIN ZERR'S CLAIM FOR STACKED COVERAGE IN CONNECTION WITH THE INJURIES SHE SUSTAINED IN THE 8/4/2004 MOTOR VEHICLE ACCIDENT AT ISSUE IN THIS ACTION. THE MOTION IS OTHERWISE DENIED. PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT RE: CREDIT ISSUES IS DENIED. PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT RE: COVERAGE ISSUES IS DENIED. THE PARTIES SHALL RPOMPTLY INFORM THE COURT OF THE OUTCOME OF ANY PREVIOUSLY SCHEDULED ARBITRATION OR SETTLMENT CONFERENCE. SIGNED BY HONORABLE BERLE M. SCHILLER ON 7/26/2011. 7/26/2011 ENTERED AND COPIES E-MAILED. (sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
NATIONWIDE MUTUAL
INSURANCE COMPANY,
Plaintiff,
v.
ROBIN ZERR, et al.,
Defendants.

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CIVIL ACTION

No. 10-4199

ORDER
AND NOW, this 26th day of July, 2011, upon consideration of the parties’ cross-motions for
summary judgment, their replies thereto, and for the reasons stated in this Court’s Memorandum
dated July 26, 2011, it is hereby ORDERED that:
1.

Defendants’ Motion for Summary Judgment (Document No. 12) is GRANTED in
part and DENIED in part, as follows:
a.

The motion is GRANTED with respect to Robin Zerr’s claim for stacked
coverage in connection with the injuries she sustained in the August 4, 2004
motor vehicle accident at issue in this action.

b.
2.

The motion is otherwise DENIED.

Plaintiff’s Motion for Partial Summary Judgment re: Credit Issues (Document No.
17) is DENIED.

3.

Plaintiff’s Motion for Partial Summary Judgment re: Coverage Issues (Document No.
19) is DENIED.

4.

The parties shall promptly inform the Court of the outcome of any previously
scheduled arbitration or settlement conference.
BY THE COURT:

Berle M. Schiller, J.