Filed: Oct. 15, 2015
Latest Update: Oct. 15, 2015
Summary: ORDER STEWART DALZELL , District Judge . AND NOW, this 15th day of October, 2015, upon consideration of the cross-motions for summary judgment filed by plaintiff Everest Indemnity Insurance Company (docket entry #13) and defendant Valley Forge, Inc. (docket entry #12), and for the reasons stated in the foregoing Memorandum, it is hereby ORDERED that: 1. Plaintiff Everest Indemnity Insurance Company's motion for summary judgment on the duty to defend issue is GRANTED; 2. Defendant Valley F
Summary: ORDER STEWART DALZELL , District Judge . AND NOW, this 15th day of October, 2015, upon consideration of the cross-motions for summary judgment filed by plaintiff Everest Indemnity Insurance Company (docket entry #13) and defendant Valley Forge, Inc. (docket entry #12), and for the reasons stated in the foregoing Memorandum, it is hereby ORDERED that: 1. Plaintiff Everest Indemnity Insurance Company's motion for summary judgment on the duty to defend issue is GRANTED; 2. Defendant Valley Fo..
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ORDER
STEWART DALZELL, District Judge.
AND NOW, this 15th day of October, 2015, upon consideration of the cross-motions for summary judgment filed by plaintiff Everest Indemnity Insurance Company (docket entry #13) and defendant Valley Forge, Inc. (docket entry #12), and for the reasons stated in the foregoing Memorandum, it is hereby ORDERED that:
1. Plaintiff Everest Indemnity Insurance Company's motion for summary judgment on the duty to defend issue is GRANTED;
2. Defendant Valley Forge, Inc.'s motion for summary judgment on the duty to defend issue is DENIED;
3. Summary judgment is GRANTED sua sponte in favor of Everest Indemnity Insurance Company on the duty to indemnify issue;
4. Summary judgment is GRANTED sua sponte in favor of Everest Indemnity Insurance Company on the breach of contract and bad faith counterclaims brought by Valley Forge, Inc.;
5. The Court DECLARES that pursuant to Everest Indemnity Insurance Company's Commercial General Liability Policy bearing number EF4ML02378-121, the insurer has no duty to defend or indemnify Valley Forge, Inc. in the Underlying Action brought by the Commonwealth of Pennsylvania against Valley Forge, Inc.; and
6. The Clerk of Court shall CLOSE this case statistically.
