Lighton Industries, Inc. v. Allied World National Assurance Company et al
| Lighton Industries, Inc. |
| Allied World National Assurance Company and Mt. Hawley Insurance Company |
| 1:2016cv03812 |
| July 8, 2016 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Steven M. Gold |
| Kiyo A. Matsumoto |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| None |
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Filing
58
ORDER denying (51) Motion to Strike ; granting (53) Motion for Leave to File Amended Local Rule 56.1 Statement; denying (23) Motion for Summary Judgment; denying (24) Motion for Summary Judgment; granting in part and denying in part (25) Motion for Summary Judgment; granting (27) Motion for Partial Summary Judgment in case 1:16-cv-03812-KAM-SMG; granting (28) Motion for Partial Summary Judgment; denying (41) Motion to Strike ; granting (43) Motion for Leave to File Amended Local Rule 56 .1 Statement in case 1:16-cv-05302-KAM-SMG. For the reasons set forth in the attached memorandum and order, (1) Lighton's motion for leave to file an amended Local Rule 56.1 statement is GRANTED; (2) Allied's objection to Lighton& #039;s amended Local Rule 56.1 Statement is OVERRULED, and Mt. Hawley's motion to strike the amended Local Rule 56.1 statement is DENIED; (3) Hibuild's motion for partial summary judgment is GRANTED in its entirety; (4) Lighton's motio n for summary judgment is GRANTED as to Allied and Mt. Hawley's duty to defend Lighton and DENIED as to Allied and Mt. Hawley's duty to indemnify Lighton; (5) Allied's motion for summary judgment is DENIED in its entirety; (6) Mt. Hawl ey's motion for summary judgment is DENIED in its entirety; and (7) Hibuild's indemnification claim against Mt. Hawley and Lighton's indemnification claims against Allied and Mt. Hawley are DISMISSED without prejudice as premature. The Clerk of Court is respectfully directed to enter judgment in favor of Hibuild that Mt. Hawley is obligated to defend it, and in favor of Lighton that Mt. Hawley and Allied are obligated to defend it, in each case in the underlying State Co urt action, i.e., the Tunkara Action, and in any other proceeding seeking to impose liability on Lighton and/or Hibuild as a result of Tunkara's alleged fall from a ladder on August 16, 2014. The Clerk of Court's judgment shall furt her dismiss Hibuild and Lighton's indemnification claims without prejudice and, following entry of judgment, the Clerk of Court is respectfully directed to close these consolidated cases. Ordered by Judge Kiyo A. Matsumoto on 9/28/2018. Associated Cases: 1:16-cv-03812-KAM-SMG, 1:16-cv-05302-KAM-SMG (Flores, Diego)
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