DeVUYST v. DIANY COMPANY, INC., 1:16-CV-123. (2017)
Court: District Court, M.D. Pennsylvania
Number: infdco20170606e45
Visitors: 9
Filed: Jun. 05, 2017
Latest Update: Jun. 05, 2017
Summary: ORDER CHRISTOPHER C. CONNER , Chief District Judge . AND NOW, this 5th day of June, 2017, upon consideration of plaintiff's notice (Doc. 21) for mandatory stay of proceedings, wherein plaintiff Shane P. DeVuyst ("DeVuyst") avers that defendants Diany Company, Inc. and Rolando Venereo (collectively, "defendants") maintain liability insurance through CastlePoint National Insurance Company ("CastlePoint"), which entity was adjudicated insolvent by the Superior Court of the State of California
Summary: ORDER CHRISTOPHER C. CONNER , Chief District Judge . AND NOW, this 5th day of June, 2017, upon consideration of plaintiff's notice (Doc. 21) for mandatory stay of proceedings, wherein plaintiff Shane P. DeVuyst ("DeVuyst") avers that defendants Diany Company, Inc. and Rolando Venereo (collectively, "defendants") maintain liability insurance through CastlePoint National Insurance Company ("CastlePoint"), which entity was adjudicated insolvent by the Superior Court of the State of California ..
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ORDER
CHRISTOPHER C. CONNER, Chief District Judge.
AND NOW, this 5th day of June, 2017, upon consideration of plaintiff's notice (Doc. 21) for mandatory stay of proceedings, wherein plaintiff Shane P. DeVuyst ("DeVuyst") avers that defendants Diany Company, Inc. and Rolando Venereo (collectively, "defendants") maintain liability insurance through CastlePoint National Insurance Company ("CastlePoint"), which entity was adjudicated insolvent by the Superior Court of the State of California on March 30, 2017, and asserts that CastlePoint's insolvency triggers the Florida Insurance Guaranty Association Act, FLA. STAT. § 631.50 et seq., because the defendant insureds were residents of Florida at the time of the insured event, see id. §§ 631.52, -.54(4), and it appearing that, under the Florida statute, "[a]ll proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court . . . shall be stayed for 6 months . . . from the date the insolvency is adjudicated," id. § 631.67, and the parties and the court in agreement that the above-captioned matter should be stayed, (see Docs. 21, 22), it is hereby ORDERED that:
1. The above-captioned matter is STAYED for a period of six months from the liquidation date of April 1, 2017 in accordance with FLA. STAT. § 631.67 and the agreement of the parties.
2. On or before October 1, 2017, the parties shall jointly report to the court on the status of the liquidation proceedings and indicate whether and for what purpose any additional stay period authorized by § 631.67 is necessary.
Source: Leagle
