Westfield Insurance Company v. Icon Legacy Custom Modular Homes et al

Filing 108

ORDER (memorandum filed previously as separate docket entry): IT IS HEREBY ORDERED that Plaintiff's 95 Motion for Summary Judgment is GRANTED; Defendant's 91 Motion for Summary Judgment is DENIED; and the Clerk of Court is directed to enter judgment in favor of Plaintiff and close this case. Signed by Honorable Matthew W. Brann on 3/13/2018. (jr)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
WESTFIELD INSURANCE
COMPANY,

No. 4:15-CV-00539
(Judge Brann)

Plaintiff.
v.
ICON LEGACY CUSTOM
MODULAR HOMES,
ICON LEGACY,
Defendants.
ORDER
AND NOW, this 13th day of March 2018, in accordance with the
accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:
1.

Plaintiff’s Motion for Summary Judgment, ECF No. 95, is GRANTED.

2.

Plaintiff has no duty to defend or indemnify Defendant in any of the three
following, underlying actions:
a.

Bilal Ahmad v. Icon Legacy Custom Modular Homes, LLC, et al.,
No. 20140499, in the Supreme Court of New York, Otsego County;

b.

Anthony Messana, et al. v. Modular America Construction
Corporation, et al., No. ESCV2014-01700-A, in the Superior Court
of Massachusetts, Essex County; and

c.

Dagney Trevor v. Icon Legacy Custom Modular Homes, L.L.C., et
al., No. 1096-11-15, in the Vermont Superior Court, Chittenden
Unit.

3.

Defendant’s Motion for Summary Judgment, ECF No. 91, is DENIED.

4.

The Clerk of Court is directed to enter judgment in favor of Plaintiff and
close this case.
BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge