Muss Development, LLC et al v. Nationwide Insurance Company
| Flushing Town Center III, L.P., Muss Development, LLC and Tishman Construction Corp. of New York |
| Nationwide Insurance Company |
| 1:2013cv04848 |
| August 28, 2013 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Joan M. Azrack |
| Raymond J. Dearie |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
58
MEMORANDUM & ORDER: After considering the parties' 43 47 and 49 motions for summary and declaratory judgment regarding the coverage owed under the Illinois National OCIP and the Nationwide Policy, in connection with the underlying bod ily injury action, the Court rules as follows: (1) Urban is not entitled to coverage under the Illinois National OCIP; (2) the Court declines to make a declaration as to Flushing, Muss, and Tishman's coverage under the Illinois National OCIP, as this coverage is not contested and a declaration of such coverage is not necessary to a determination of the parties' rights under the Nationwide Policy; (3) questions of material fact preclude the Court from determining whether Flushing is entitled to additional insured coverage under the Nationwide Policy at this stage; (4) Muss is entitled to additional insured coverage under the Nationwide Policy and the coverage provided under the Nationwide Policy is primary and must be exha usted before the excess coverage provided under the Illinois National OCIP becomes effective; and (5) Tishman is not entitled to additional insured coverage under the Nationwide Policy, because Tishman lacks privity of contract with Urban. The question of Nationwide's duty to indemnify cannot be resolved without a determination of liability in the underlying bodily injury action. Ordered by Judge Raymond J. Dearie on 10/20/2015. (Chee, Alvin)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
