METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY v. SPAYD et al

Filing 15

ORDER THAT METLIFES MOTION FOR SUMMARY JUDGMENT, ECF NO. 10, IS GRANTED IN PART AS FOLLOWS: A. AS TO THE DUTY-TO-DEFEND CLAIM, JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANTS: METLIFE HAS NO DUTY OR OBLIGATION TO DEFEND SPAYD AGA INST ALLEGATIONS ARISING FROM THE SEXUAL ABUSE OF V.P. AND J.P. BY THE DECEASED, SEE DIGUGLIELMO V. SPAYD, NO. 16-19541 (BERKS CTY. CT. COM. PL. FILED OCT. 25, 2016). B. AS TO THE DUTY-TO-INDEMNIFY CLAIM, METLIFES REQUEST FOR DECLARATORY JUDGMENT IS DENIED AND THE CLAIM IS DISMISSED WITHOUT PREJUDICE TO RENEW IF JUDGMENT IS ENTERED AGAINST SPAYD IN THE STATE-COURT PROCEEDINGS. THE CASE IS CLOSED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 7/24/17. 7/25/17 ENTERED AND COPIES MAILED UNREP, E-MAILED.(er, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
METROPOLITAN PROPERTY AND
CASUALTY INSURANCE COMPANY

:
:
:
Plaintiff,
:
:
v.
:
:
ROBIN C. SPAYD, formerly known as
:
ROBIN C. BAJKOWSKI; and
:
MICHELLE DIGUGLIELMO
:
INIDIVIDUALLY AND AS PARENT AND LEGAL :
GUARDIAN OF V.P., A MINOR CHILD, and
:
J.P., A MINOR CHILD
:
:
Defendants
:
__________________________________________

No. 5:16-cv-04693

ORDER
AND NOW, this 24th day of July, 2017, for the reasons set forth in the Opinion issued
this date, IT IS HEREBY ORDERED THAT:
1.
follows:

MetLife’s Motion for Summary Judgment, ECF No. 10, is GRANTED in part as

A.
As to the duty-to-defend claim, JUDGMENT IS ENTERED in favor of
Plaintiff and against Defendants: MetLife has no duty or obligation to defend Spayd
against allegations arising from the sexual abuse of V.P. and J.P. by the deceased, see
DiGuglielmo v. Spayd, No. 16-19541 (Berks Cty. Ct. Com. Pl. filed Oct. 25, 2016).
B.
As to the duty-to-indemnify claim, MetLife’s request for declaratory
judgment is DENIED and the claim is DISMISSED without prejudice to renew if
judgment is entered against Spayd in the state-court proceedings
2.

The case is CLOSED.
BY THE COURT:

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