Cincinnati Insurance Company v. Crossman Communities of North Carolina Inc et al

Filing 116

ORDER finding as moot 67 Motion to Dismiss; finding as moot 78 Motion to Dismiss and for Summary Judgment. The South Carolina Supreme Court has issued an Opinion in a related matter concerning parties currently before this Court. Crossman Communities of North Carolina, Inc. v. Harleysville Mut. Ins. Co., --- S.E.2d ----, 2011 WL 93716 (S.C. January 7, 2011). In light of this Opinion, this Court moots the pending motions, with the parties having a right to re-file, if they so choose, after the South Carolina Supreme Court issues a decision regarding any pending motions to reconsider its decision in the above-cited case. Signed by Honorable Terry L Wooten on 3/25/2011.(prou, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION Cincinnati Insurance Company, Plaintiff, v. Crossmann Communities of North Carolina, Inc.; Crossmann Communities, Inc.; Beazer Homes Investment Corporation; and True Blue Golf & Racquet Resort Homeowners' Association, Inc., Defendants. _____________________________ Crossmann Communities of North Carolina, Inc., Crossmann Communities, Inc., and Beazer Homes Investment Corporation, Third-Party Plaintiffs, v. Harleysville Mutual Insurance Company, Third-Party Defendant. _____________________________ Harleysville Mutual Insurance Company, Fourth-Party Plaintiff, v. Indiana Insurance Company, Massachusetts Bay Insurance Company, Regent Insurance Company, Illinois Union Insurance Company, Liberty Mutual Insurance ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 4:09-cv-01379-TLW-TER

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Company, Zurich American Insurance Company,

) ) ) Fourth-Party Defendants. ) _____________________________ )

ORDER
Currently before this Court is the "Motion to Dismiss Third-Party Plaintiff Harleysville Mutual Insurance Company's Fourth-Party Complaint or, in the Alternative, Motion for Summary Judgment," filed by Fourth-Party Defendant Massachusetts Bay Insurance Company and the "Fourth Party Defendant Indiana Insurance Company's Motion to Dismiss and for Summary Judgment." (Docs. # 67 and 78). The South Carolina Supreme Court has issued an Opinion in a related matter concerning parties currently before this Court. Crossman Communities of North Carolina, Inc. v. Harleysville Mut. Ins. Co., --- S.E.2d ----, 2011 WL 93716 (S.C. January 7, 2011). In light of this Opinion, this Court moots the pending motions, (Docs. # 67 and 78), with the parties having a right to re-file, if they so choose, after the South Carolina Supreme Court issues a decision regarding any pending motions to reconsider its decision in the above-cited case.

IT IS SO ORDERED. s/Terry L. Wooten United States District Judge March 25, 2011 Florence, South Carolina

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