METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY v. SPAYD et al
| METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY |
| ROBIN C. SPAYD, MICHELLE DIGUGLIELMO and J.P. |
| 5:2016cv04693 |
| August 26, 2016 |
| US District Court for the Eastern District of Pennsylvania |
| Allentown Office |
| Philadelphia |
| JOSEPH F. LEESON |
| Insurance |
| 28 U.S.C. ยง 2201 |
| None |
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Filing
15
ORDER THAT METLIFES MOTION FOR SUMMARY JUDGMENT, ECF NO. 10, IS GRANTED IN PART AS FOLLOWS: A. AS TO THE DUTY-TO-DEFEND CLAIM, JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANTS: METLIFE HAS NO DUTY OR OBLIGATION TO DEFEND SPAYD AGA INST ALLEGATIONS ARISING FROM THE SEXUAL ABUSE OF V.P. AND J.P. BY THE DECEASED, SEE DIGUGLIELMO V. SPAYD, NO. 16-19541 (BERKS CTY. CT. COM. PL. FILED OCT. 25, 2016). B. AS TO THE DUTY-TO-INDEMNIFY CLAIM, METLIFES REQUEST FOR DECLARATORY JUDGMENT IS DENIED AND THE CLAIM IS DISMISSED WITHOUT PREJUDICE TO RENEW IF JUDGMENT IS ENTERED AGAINST SPAYD IN THE STATE-COURT PROCEEDINGS. THE CASE IS CLOSED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 7/24/17. 7/25/17 ENTERED AND COPIES MAILED UNREP, E-MAILED.(er, )
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