FIREMEN'S INSURANCE COMPANY OF WASHINGTON, D.C. v. WENVENTURE, INC. et al
| FIREMEN'S INSURANCE COMPANY OF WASHINGTON, D.C. |
| WENVENTURE, INC., WENDY'S INTERNATIONAL, INC., ROBERT LEE HINES and BRIAN H. KLAVUHN |
| 3:2010cv00185 |
| July 9, 2010 |
| US District Court for the Western District of Pennsylvania |
| Johnstown Office |
| Cambria |
| Kim R. Gibson |
| Insurance |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
33
MEMORANDUM OPINION AND ORDER - it is hereby Ordered that Plaintiff's Motion for Summary Judgment (formerly Motion for Judgment on the Pleadings) (Doc. No. 18 ) is DENIED as to Plaintiff's duty to defend Wenventure, Inc. and Wendy's In ternational Inc. under the relevant insurance policy in the underlying suit, L.RE. v. Wendy's Old Fashioned Hamburgers et. al., in the Court of Common Pleas of Cambria County, Pennsylvania, docket number 2009-6277. Pursuant to Federal Rule of C ivil Procedure 56(f), the Court HEREBY GIVES NOTICE that it will enter SUMMARY JUDGMENT in favor of Defendants regarding the duty to defend under Coverage B on April 30, 2012, unless Plaintiff is able to provide evidence demonstrating a dispute of ma terial fact as to the duty to defend under that coverage. The Court grants Plaintiff leave to file a motion to that effect, and should Plaintiff file such a motion, Defendants will have 21 days to file a response. Plaintiff's Motion for Summary Judgment (formerly Motion for Judgment on the Pleadings) (Doc. No. 18 ) is DENIED WITHOUT PREJUDICE as to Plaintiff's duty to indemnify Wenventure, Inc. and Wendy's International Inc. under the relevant insurance policy in the same state court suit. Plaintiff is free to re-raise this issue after the conclusion of that action, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 3/29/2012. (dlg)
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