American Automobile Insurance Company v. Security Income Planners & Co, LLC et al
2:2010cv00048 |
January 6, 2010 |
US District Court for the Eastern District of New York |
Central Islip Office |
Joseph F. Bianco |
E. Thomas Boyle |
Insurance |
28 U.S.C. ยง 1331 Fed. Question: Insurance Contract |
Both |
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Filing 155 ORDER granting in part and denying in part 123 Motion for Summary Judgment; granting 124 Motion for Partial Summary Judgment; denying 128 Motion for Summary Judgment. As set forth in the attached Memorandum and Order, the Court grants partia l summary judgment to Gross and Cerulli on the duty to defend issue, but denies summary judgment to Gross and Cerulli on the duty to indemnify issue. The Court grants SIPCOLLC's partial motion for summary judgment seeking a declaration that AAIC is obligated to defend SIPCOLLC against the claims asserted by Gross and Cerulli, and awards SIPCOLLC attorneys' fees. The Court denies AAIC's cross-motion for summary judgment in its entirety. SO ORDERED. Ordered by Judge Joseph F. Bianco on 3/22/2012. (Weber, Rebecca) |
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