FIRST GUARD INSURANCE COMPANY v. BLOOM SERVICES, INC. et al
Filing
37
MEMORANDUM OPINION AND ORDER - upon consideration of First Guard's Motion for Summary Judgment (ECF No. 33 ), and in accordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED as follows: The Court will GRANT First Guard's M otion for Summary Judgment in its entirety and issue the following declarations: a. With respect to Count 1, First Guard has no duty to defend or indemnify Jason Foster with respect to any claims arising from his collision with Joseph Hallman; b. Wi th respect to Count 2, First Guard has no duty to defend or indemnify Bloom Services with respect to any claims arising from Foster's collision with Hallman. The Court directs the Clerk to close the case, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 2/16/2018. (dlg)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
FIRST GUARD INSURANCE
COMPANY,
)
)
CIVIL ACTION NO. 3:17-59
)
)
Plaintiff,
)
v.
JUDGE KIM R. GIBSON
)
)
BLOOM SERVICES, INC., JASON
FOSTER, JOSEPH W. HALLMAN and
ARTISAN & TRUCKERS CASUALTY
COMPANY,
Defendants.
)
)
)
)
)
MEMORANDUM OPINION
I.
Introduction
Pending before the Court is a Motion for Summary Judgment filed by Plaintiff First Guard
Insurance Company ("First Guard") (ECF No. 33). For the reasons explained below, the Court
will grant First Guard's Motion for Summary Judgment.
II.
Jurisdiction
The Court has subject matter jurisdiction under 28 U.S.C. § 1332. Venue is proper because
a substantial portion of the events giving rise to the case occurred in the Western District of
Pennsylvania. 28 U.S.C. § 1391(b).
III.
Background
This dispute concerns whether Plaintiff First Guard has duties to defend and indemnify a
trucking company and its driver who was involved in a motor vehicle accident. The Court will
first summarize the course of the litigation before evaluating the relevant facts.
On April 11, 2017, First Guard filed its Complaint for Declaratory Judgment against
Artisan & Trucker's Casualty Co. ("Artisan"), Bloom Services, Inc. ("Bloom Services"), Jason
Foster, and Joseph Hallman. (ECF No. 1.) First Guard's Complaint for Declaratory Judgment
asserted three counts requesting the following declarations: (1) that First Guard has no duty to
defend or indemnify Jason Foster with respect to any claims brought by Joseph Hallman arising
from or relating to the motor vehicle accident between Foster and Hallman; (2) that First Guard
has no duty to defend or indemnify Bloom Services, the company for whom Foster was allegedly
driving when he was involved in the accident with Hallman; and (3) that Artisan-rather than
First Guard-is obligated to indemnify Foster and Bloom Services with respect to Hallman' s
claims against them. (Id. at
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