ALLSTATE INSURANCE COMPANY v. TOLL BROTHERS, INC. et al

Filing 34

ORDER THAT MOTION TO COMPEL ARBITRATION AND DISMISS PLAINTIFF'S COMPLAINT, ECF NO. 27, IS GRANTED IN PART: 1. ALLSTATE INSURANCE COMPANY SHALL PURSUE ITS CLAIMS AGAINST TOLL BROS, INC. AND TOLL PA XIII, L.P. THROUGH ARBITRATION PURSUANT TO THE T ERMS OF THE AGREEMENT OF SALE. ALLSTATE INSURANCE COMPANY SHALL NOTIFY THE COURT WITHIN FOURTEEN DAYS OF THE ARBITRATION AWARD. 2. THIS ACTION IS STAYED PENDING THE RESOLUTION OF THE ARBITRATION PROCEEDINGS. 3. THE CLERK OF COURT SHALL TRANSFER THIS ACTION TO THE CIVIL SUSPENSE DOCKET. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 3/21/2016. 3/21/2016 ENTERED AND COPIES E-MAILED.(lbs, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
ALLSTATE INSURANCE COMPANY,

:
:
Plaintiff,
:
v.
:
:
TOLL BROTHERS, INC.;
:
COMMONWEALTH FIRE PROTECTION
:
COMPANY, INC.;
:
UNITED INSULATION SERVICES, INC.;
:
TOLL BROS., INC.; TOLL PA XIII, L.P.,
:
:
Defendants.
:
__________________________________________

No. 5:15-cv-05225

ORDER
AND NOW, this 21st day of March, 2016, for the reasons set forth in the Memorandum
Opinion filed this date, Defendant Toll Bros., Inc. and Toll PA XIII, L.P.’s Motion to Compel
Arbitration and Dismiss Plaintiff's Complaint, ECF No. 27, is GRANTED IN PART:
1.

Allstate Insurance Company shall pursue its claims against Toll Bros, Inc. and

Toll PA XIII, L.P. through arbitration pursuant to the terms of the Agreement of Sale. 1 Allstate
Insurance Company shall notify the Court within fourteen days of the arbitration award.
2.

This action is STAYED pending the resolution of the arbitration proceedings

3.

The Clerk of Court shall transfer this action to the Civil Suspense Docket.
BY THE COURT:

/s/ Joseph F. Leeson, Jr.____________
JOSEPH F. LEESON, JR.
United States District Judge
1

During a pretrial conference held on February 25, 2016, Defendants Commonwealth Fire Protection
Company, Inc. and United Insulation Services, Inc., who each have brought their own claims against Toll Bros., Inc.
and Toll PA XIII, L.P., expressed their willingness to pursue their claims through arbitration as well.