Sunday v. Berkshire Hathaway Homestate Insurance Company et al

Filing 28

ORDER (memorandum filed previously as separate docket entry). (1) Defendants Motion for Summary Judgment 13 is GRANTED in part and DENIED in part:(a) JUDGMENT is ENTERED in FAVOR of Defendant National Liability & Fire Insurance Company and AGAINST Plaintiff Joseph Sunday, Jr. on Count I of the Complaint. (b) Defendants Motion for Summary Judgment is DENIED with respectto Count III of the Complaint. (2) This matter is placed on the October 2018 Trial List. Signed by Honorable A. Richard Caputo on 7/30/18. (dw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOSEPH SUNDAY, JR. d/b/a SUNDAY
TRUCKING, LLC,
Plaintiff,

CIVIL ACTION NO. 3:17-CV-00946
(JUDGE CAPUTO)

v.
BERKSHIRE HATHAWAY HOMESTATE
INSURANCE COMPANY and NATIONAL
LIABILITY & FIRE INSURANCE
COMPANY,
Defendants.
ORDER
NOW, this 30th day of July, 2018, upon review on Defendants’ Motion for Summary
Judgment (Doc. 13), IT IS HEREBY ORDERED that:
(1)

Defendants’ Motion for Summary Judgment is GRANTED in part and
DENIED in part:
(a)

Judgment is ENTERED in FAVOR of Defendant National Liability &
Fire Insurance Company and AGAINST Plaintiff Joseph Sunday, Jr.
on Count I of the Complaint.

(b)

Defendants’ Motion for Summary Judgment is DENIED with respect
to Count III of the Complaint.

(2)

This matter is placed on the October 2018 Trial List.

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