Hrobuchak v. Federal Insurance Company

Filing 98

ORDER Plaintiffs' Motion to certify Plaintiffs' class is moot (Doc 45). Defendant's motion to vacate the order of the U.S. Bankruptcy Court for the District of Delaware (doc #67) is denied. The plaintiffs' motion for summary judgm ent (doc #68) is granted to the extent that the court finds the judgment to be valid. The defendant's motion for summary judgment (doc #71) is granted to the extent that the court finds that the Policy does not cover claims arising under the PA Unfair Trade Practices and Consumer Protection Law and coverage only extends to claims occurring between October 29, 2007 and October 29, 2008. In all other respects the motion is denied. The Clerk of Court is directed to close this case.Signed by Honorable Malachy E Mannion on 5/24/2013. (admin, )

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
JOAN HROBUCHAK and
KAREN MAGHRAN, on their own
behalf and on behalf of all others
similarly situated,

:
:
CIVIL ACTION NO. 3:10-0481
:

Plaintiffs

(JUDGE MANNION)
:

v.
:
FEDERAL INSURANCE COMPANY,
:
Defendant
:
ORDER
For the reasons stated in the Memorandum of this date, IT IS HEREBY
ORDERED THAT:
(1)

The plaintiffs’ motion to certify the plaintiff class, (Doc. No. 45), is
MOOT;

(2)

The defendant’s motion to vacate the order of the United States
Bankruptcy Court for the District of Delaware, (Doc. No. 67), is
DENIED;

(3)

The plaintiffs’ motion for summary judgment, (Doc. No. 68), is
GRANTED to the extent that the court finds the judgment to be
valid.

(4)

The defendant’s motion for summary judgment, (Doc. No. 71), is
GRANTED to the extent that the court finds that the Policy does

not cover claims arising under the Pennsylvania Unfair Trade
Practices and Consumer Protection Law and coverage only
extends to claims occurring between October 29, 2007 and
October 29, 2008. In all other respects the motion is DENIED.
(5)

The Clerk of the Court is directed to CLOSE the case.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Dated: May 24, 2013
O:\Mannion\shared\MEMORANDA - DJ\2010 MEMORANDA\10-0481-01-order.wpd