Filed: Nov. 20, 2017
Latest Update: Nov. 20, 2017
Summary: ORDER NITZA I. QUI ONES ALEJANDRO , District Judge . AND NOW, this 20 th day of November 2017, upon consideration of the motion for summary judgment, filed by Plaintiffs Transportation Insurance Company and Continental Casualty Company, (collectively, "Plaintiffs"), [ECF 158], the response in opposition thereto of Defendants Heathland Hospitality Group, LLC, Heathland Hospitality Group, LP, and Judith M. Serratore, individually and as Administratrix of the Estate of Frank J. Serratore (
Summary: ORDER NITZA I. QUI ONES ALEJANDRO , District Judge . AND NOW, this 20 th day of November 2017, upon consideration of the motion for summary judgment, filed by Plaintiffs Transportation Insurance Company and Continental Casualty Company, (collectively, "Plaintiffs"), [ECF 158], the response in opposition thereto of Defendants Heathland Hospitality Group, LLC, Heathland Hospitality Group, LP, and Judith M. Serratore, individually and as Administratrix of the Estate of Frank J. Serratore (i..
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ORDER
NITZA I. QUIÑONES ALEJANDRO, District Judge.
AND NOW, this 20th day of November 2017, upon consideration of the motion for summary judgment, filed by Plaintiffs Transportation Insurance Company and Continental Casualty Company, (collectively, "Plaintiffs"), [ECF 158], the response in opposition thereto of Defendants Heathland Hospitality Group, LLC, Heathland Hospitality Group, LP, and Judith M. Serratore, individually and as Administratrix of the Estate of Frank J. Serratore (individually, "Serratore"), (collectively, "Defendants"), [ECF 161], and Plaintiffs' reply, [ECF 166], it is hereby ORDERED that, for the reasons set forth in the Memorandum Opinion of this day, Plaintiffs' motion for summary judgment is GRANTED. Consequently, this Court declares that Plaintiffs did not have a duty to defend or indemnify Defendants Heathland Hospitality Group, LLC, and Heathland Hospitality Group, LP (together, "Heathland"), under the insurance policies that are the subject of this action for the claims made and litigation brought against Heathland arising out of the injury and death of Frank J. Serratore.1
It is further ORDERED that the Counterclaims of Defendants are DISMISSED, with prejudice.
It is further ORDERED that JUDGMENT is hereby entered in favor of Plaintiffs Transportation Insurance Company and Continental Casualty Company, and against Defendants Heathland Hospitality Group, LLC, Heathland Hospitality Group, LP, and Judith M. Serratore, individually and as Administratrix of the Estate of Frank J. Serratore.2
