TIG INSURANCE COMPANY v. TYCO INTERNATIONAL, LTD. et al

Filing 187

ORDER re 186 Memorandum (Order to follow as separate docket entry), IT IS HEREBY ORDERED that:1.Plaintiffs Motion to Strike the Affidavit of Lawrence A. Durkin and Testimony of Sean Patton (Doc. 174) will be GRANTED in part and DENIED in part. 2 .Plaintiffs Motion for Partial Summary Judgment on Defendants Affirmative Defense Asserting Estoppel (Doc. 124) is GRANTED.3.Defendants Motion for Summary Judgment (Doc. 115) is DENIED.4.Plaintiffs Motion for Summary Judgment on Exclusion 4 (Doc. 120 ) is DENIED.5.Plaintiffs Motion for Summary Judgment on Exclusion 7 (Doc. 122) is GRANTED.6.Judgment is entered in favor of Plaintiff and against Defendant on Counts I and II of Plaintiffs Amended Complaint (Doc. 61).7.Judgment is entered in favor of Plaintiff and against Defendant on Counts I and II of Defendants Counterclaim (Doc. 62).8.The Clerk of Court is directed to mark the case as CLOSED. Signed by Honorable A. Richard Caputo on 1/23/13. (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TIG INSURANCE COMPANY,
CIVIL ACTION NO. 3:08-CV-1584

Plaintiff,
v.

(JUDGE CAPUTO)

TYCO INTERNATIONAL, LTD.,
SIMPLEXGRINNELL CORP., and THE
BROOKLYN HOSPITAL CENTER f/k/a
THE BROOKLYN HOSPITAL –
CALEDONIAN HOSPITAL,
Defendants.
ORDER

NOW, this 23rd day of January, 2013, IT IS HEREBY ORDERED that:
1.

Plaintiff’s Motion to Strike the Affidavit of Lawrence A. Durkin and Testimony
of Sean Patton (Doc. 174) will be GRANTED in part and DENIED in part.

2.

Plaintiff’s Motion for Partial Summary Judgment on Defendant’s Affirmative
Defense Asserting Estoppel (Doc. 124) is GRANTED.

3.

Defendant’s Motion for Summary Judgment (Doc. 115) is DENIED.

4.

Plaintiff’s Motion for Summary Judgment on Exclusion 4 (Doc. 120) is
DENIED.

5.

Plaintiff’s Motion for Summary Judgment on Exclusion 7 (Doc. 122) is
GRANTED.

6.

Judgment is entered in favor of Plaintiff and against Defendant on Counts I
and II of Plaintiff’s Amended Complaint (Doc. 61).

7.

Judgment is entered in favor of Plaintiff and against Defendant on Counts I
and II of Defendant’s Counterclaim (Doc. 62).

8.

The Clerk of Court is directed to mark the case as CLOSED.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge