Essex Insurance Company v. Paric Corporation, et al.
| Essex Insurance Company |
| Paric Corporation, Clarinet, LLC, Pete Rothschild, R. Michael Allen, Samuel B. Berger, Richard W. Darragh and St. John's Bank & Trust Company |
| 4:2008cv01595 |
| October 15, 2008 |
| US District Court for the Eastern District of Missouri |
| Insurance Office |
| St. Louis - County |
| E. Richard Webber |
| Plaintiff |
| Diversity |
| 28:2201 Declaratory Judgement |
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Filing
109
MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Defendants' Motion for Partial Summary Judgment as to Coverage [doc. #78] is DENIED. IT IS FURTHER ORDERED that Plaintiff's Motion for Summary Judgment on Plaintiff's Declaratory Judgme nt [doc. #79] is GRANTED. Judgment is entered in favor of Plaintiff and, as requested by Plaintiff, the Court DECLARES that: 1. Policy No. 3CV2139 provides no coverage to CLARINET, or any of CLARINET'S members, including ROTHSCHILD, ALLEN, BERGE R, and DARRAGH, or to any other person for the claims asserted against CLARINET in the PARIC lawsuit, Case No. 0822-CC02140; 2. ESSEX INSURANCE shall have no duty or obligation to defend CLARINET, or any of CLARINET'S members, including ROTHSCHI LD, ALLEN, BERGER, and DARRAGH, in the PARIC lawsuit, Case No. 0822-CC02140; and 3. ESSEX INSURANCE shall have no duty or obligation to indemnify CLARINET, or any of its members, including ROTHSCHILD, ALLEN, BERGER, and DARRAGH any sum which CLARINET , or any of its members, including ROTHSCHILD, ALLEN, BERGER, and DARRAGH may become obligated to pay by way of settlement or judgment in connection with the PARIC lawsuit, Case No. 0822-CC02140. IT IS FURTHER ORDERED that Plaintiff's Motion for Summary Judgment on Defendants' Counterclaims [doc. #82] is GRANTED. Defendants' Counterclaims against Plaintiff are DISMISSED, WITH PREJUDICE. Signed by Honorable E. Richard Webber on July 6, 2010. (MGK)
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Filing
54
ORDER. IT IS HEREBY ORDERED that pursuant to Section 537.021, RSMo.,Plaintiff's Motion for Substitution of Party [doc. #53] is GRANTED. Counsel for deceased Defendant Richard W. Darragh shall provide this Court no later than July 29, 2009, wit h the name of the personal representative of the estate of the deceased. The Estate of Richard W. Darragh shall then be substituted as a party Defendant in this matter. Response to Court due by 7/29/2009. Signed by Honorable E. Richard Webber on 7/9/09. (RJD)
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