James River Insurance Company v. Power Management, Inc.

Justia Dockets & Filings Second Circuit New York Eastern District James River Insurance Company v. Power Management, Inc.

James River Insurance Company v. Power Management, Inc.

Plaintiff:	James River Insurance Company
Defendant:	Power Management, Inc.
Case Number:	2:2012cv02706
Filed:	May 30, 2012
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Gary R. Brown
Presiding Judge:	Leonard D. Wexler
Nature of Suit:	Insurance
Cause of Action:	28 U.S.C. § 2201 Declaratory Judgement
Jury Demanded By:	None

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Date Filed	Document Text
October 28, 2014	Filing 56 MEMORANDUM OF DECISION AND ORDER granting in part and denying in part 50 Motion for Summary Judgment; denying 51 Motion for Partial Summary Judgment; For the reasons explained above, JRIs motion for summary judgment is granted in part and deni ed in part and PMIs motion for partial summary judgment is denied. There is no genuine issue of material fact that the accident giving rise to the Related Action is not covered by the Policy as it does not qualify as an Occurrence as defined by the P olicy. However, genuine fact issues remain as to whether JRI may be equitably estopped from disclaimer. The parties are directed to file an amended joint proposed pretrial order consistent with the foregoing within 5 days of the date of this order. A non-jury trial on the issue of estoppel is scheduled for November 10th 2014, November 12th 2014, and November 13th, 2014 at 10:00 a.m each day. Any further dates will be decided at the trial. So Ordered by Judge Arthur D. Spatt on 10/28/2014. (Col eman, Laurie) (Main Document 56 replaced on 10/28/2014) (Coleman, Laurie). Modified on 10/28/2014 to replace DE #56; please note the changes to the final paragraph of the "Decision." The "Decision remains the same in all other respects. (Coleman, Laurie).

Date Filed

Document Text

October 28, 2014

Filing 56 MEMORANDUM OF DECISION AND ORDER granting in part and denying in part 50 Motion for Summary Judgment; denying 51 Motion for Partial Summary Judgment; For the reasons explained above, JRIs motion for summary judgment is granted in part and deni ed in part and PMIs motion for partial summary judgment is denied. There is no genuine issue of material fact that the accident giving rise to the Related Action is not covered by the Policy as it does not qualify as an Occurrence as defined by the P olicy. However, genuine fact issues remain as to whether JRI may be equitably estopped from disclaimer. The parties are directed to file an amended joint proposed pretrial order consistent with the foregoing within 5 days of the date of this order. A non-jury trial on the issue of estoppel is scheduled for November 10th 2014, November 12th 2014, and November 13th, 2014 at 10:00 a.m each day. Any further dates will be decided at the trial. So Ordered by Judge Arthur D. Spatt on 10/28/2014. (Col eman, Laurie) (Main Document 56 replaced on 10/28/2014) (Coleman, Laurie). Modified on 10/28/2014 to replace DE #56; please note the changes to the final paragraph of the "Decision." The "Decision remains the same in all other respects. (Coleman, Laurie).

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Defendant: Power Management, Inc.
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Plaintiff: James River Insurance Company
Represented By:	Joseph T. Pareres
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