DEVELOPERS SURETY AND INDEMNITY COMPANY v. MEGA CONSTRUCTION CORPORATION et al
| DEVELOPERS SURETY AND INDEMNITY COMPANY |
| MEGA CONSTRUCTION CORPORATION OF NEW JERSEY, INC., JOSEPH R. PALLONETTI, SUSAN L. KACZMAREK and EUGENE G. KACZMAREK |
| 2:2015cv04729 |
| August 19, 2015 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Philadelphia |
| MICHAEL M. BAYLSON |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| None |
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| Document Text |
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Filing
77
MEMORANDUM AND ORDER THAT PLAINTIFF'S MOTION FOR RECONSIDERATION 71 IS GRANTED IN PART AS FOLLOWS: PARTIAL SUMMARY JUDGMENT IS GRANTED FOR PLAINTIFF AS TO THE ISSUE OF WHETHER DEFENDANTS ARE LIABLE AS INDEMNITORS UNDER THE INDEMNITY AGREEMENT FOR LEGAL EXPENSES INCURRED BY PLAINTIFF CONSISTENT WITH THE TERMS OF THE INDEMNITY AGREEMENT. SUMMARY JUDGMENT IS DENIED AS TO DEFENDANTS' LEGAL DEFENSE OF BAD FAITH. DEFENDANTS MAY ESTABLISH AT TRIAL THAT ANY OF PLAINTIFF'S LEGAL EXPENSES WERE BAD FAITH DISBURSEMENTS, WHICH WOULD VITIATE LIABILITY UNDER FALLON ELECTRIC COMPANY V. CINCINNATI INSURANCE COMPANY, 121 F.3D.125, (3RD CIR. 1997). SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 4/12/23. 4/12/23 ENTERED & E-MAILED.(fdc)
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Filing
70
ORDER that after consideration of Plaintiffs Motion for Summary Judgment (ECF 48) and Defendants Motion for Summary Judgment (ECF 52), and the Parties respective Responses, Replies, and Supplemental Briefing, and the Parties contentions heard during oral argument held by the Court on March 15, 2023, and for the reasons set forth in the accompanying Memorandum of Decision, it is hereby ORDERED that both Motions are DENIED, as genuine disputes of material fact still exist. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 3/17/2023. 3/17/2023 ENTERED AND COPIES E-MAILED.(sg)
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