Slate Bar & Lounge In v. Founders Insurance Company

Filing 35

ORDER (memorandum filed previously as separate docket entry).In accordance with the accompanying Memorandum, IT IS HEREBY ORDERED THAT:1.The defendants motion for judgment on the pleadings (Doc. 31) is DENIED;2.The plaintiffs motion for judgment on t he pleadings (Doc. 30) is GRANTED in part and DENIED in part;3.The plaintiffs claim for declaratory relief with respect to the defendants duty to indemnify the plaintiff is DISMISSED WITHOUT PREJUDICE as premature and unripe; and4.The Clerk is direct ed to enter JUDGMENT in favor of the plaintiff with respect to the defendants duty to defend the plaintiff in the underlying state court action and to mark this case CLOSED. Said judgment shall include the requested declaration that defendant Founder s Insurance Company has a duty under Policy Number LLPA000967 to provide a defense, or costs of defense, to or for plaintiff Slate Bar & Lounge, Inc., d/b/a Slate Bar & Lounge with respect to the underlying civil action styled Bruce H. Fine v. Slate Bar and Lounge, Inc. t/a Slate Bar and Lounge, Case No. 2076 of 2013, filed in the Court of Common Pleas for Luzerne County, Pennsylvania, on February 19, 2013.Signed by Magistrate Judge Joseph F. Saporito, Jr on 10/18/17. (ms)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
SLATE BAR & LOUNGE, INC.,
d/b/a SLATE BAR & LOUNGE,
Plaintiff,

CIVIL ACTION NO. 3:15-cv-02251

v.

(SAPORITO, M.J.)

FOUNDERS INSURANCE
COMPANY,
Defendant.
FINAL ORDER
AND NOW, this 18th day of October, 2017, in accordance with the
accompanying Memorandum, IT IS HEREBY ORDERED THAT:
1.

The defendant’s motion for judgment on the pleadings (Doc.

31) is DENIED;
2.

The plaintiff’s motion for judgment on the pleadings (Doc.

30) is GRANTED in part and DENIED in part;
3.

The plaintiff’s claim for declaratory relief with respect to the

defendant’s duty to indemnify the plaintiff is DISMISSED WITHOUT
PREJUDICE as premature and unripe; and
4.

The Clerk is directed to enter JUDGMENT in favor of the

plaintiff with respect to the defendant’s duty to defend the plaintiff in

the underlying state court action and to mark this case CLOSED. Said
judgment shall include the requested declaration that defendant
Founders Insurance Company has a duty under Policy Number
LLPA000967 to provide a defense, or costs of defense, to or for plaintiff
Slate Bar & Lounge, Inc., d/b/a Slate Bar & Lounge with respect to the
underlying civil action styled Bruce H. Fine v. Slate Bar and Lounge,
Inc. t/a Slate Bar and Lounge, Case No. 2076 of 2013, filed in the Court
of Common Pleas for Luzerne County, Pennsylvania, on February 19,
2013.

s/Joseph F. Saporito, Jr.
JOSEPH F. SAPORITO, JR.
United States Magistrate Judge