GREAT AMERICAN INSURANCE COMPANY OF NEW YORK v. INTERNATIONAL CUSTOM PRODUCTS, INC. et al
| GREAT AMERICAN INSURANCE COMPANY OF NEW YORK |
| INTERNATIONAL CUSTOM PRODUCTS, INC. and DENNIS RAYBUCK |
| 3:2009cv00124 |
| May 12, 2009 |
| US District Court for the Western District of Pennsylvania |
| Johnstown Office |
| Blair |
| Kim R. Gibson |
| None |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| None |
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Filing
54
MEMORANDUM OPINION AND ORDER OF COURT granting in part and denying in part 30 Motion for Partial Summary Judgment; granting in part and denying in part 34 Motion for Summary Judgment. Summary judgment is GRANTED as to Plaintiff's request tha t this Court order the posting of $550,000 collateral by Defendants in an escrow fund pending resolution of liability/indemnity claims; while we do not at this stage comment on the validity of Plaintiff's claim over the funds in that escrow , we find that a demand has been made, triggering the requirement that the escrow fund be maintained. On the other hand, Defendants are correct that pending the resolution of the case before the Court of International Trade (the "CIT"), the issue of liability for indemnification is not yet ripe. Therefore, we GRANT Defendants' Motion for Summary Judgment as to the liability issue, with leave granted to Plaintiff to reassert the claim should the case before the CIT be resolved in favor of U.S. Customs. Both motions are DENIED in all other respects, and as more fully stated in said Memorandum Opinion and Order of Court. Signed by Judge Kim R. Gibson on 3/31/2011. (dlg)
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