Federal Insurance Company v. Marlyn Neutraceuticals, Inc.

Justia Dockets & Filings Second Circuit New York Eastern District Federal Insurance Company v. Marlyn Neutraceuticals, Inc.

Federal Insurance Company v. Marlyn Neutraceuticals, Inc.

Plaintiff:	Federal Insurance Company
Defendant:	Marlyn Neutraceuticals, Inc.
Case Number:	2:2013cv00137
Filed:	January 9, 2013
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Arlene R. Lindsay
Presiding Judge:	Joanna Seybert
Nature of Suit:	Insurance
Cause of Action:	28 U.S.C. § 1332 Diversity-Insurance Contract
Jury Demanded By:	None

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Date Filed	Document Text
December 19, 2013	Filing 39 MEMORANDUM & ORDER granting 20 Motion for Summary Judgment; granting in part and denying in part 21 Motion for Partial Summary Judgment. For the foregoing reasons, Federal's motion for summary judgment is GRANTED and Marlyn's motion for partial summary judgment is GRANTED IN PART and DENIED IN PART. Federal's motion insofar as it seeks a declaration that it has no duty to defend or indemnify Marlyn in connection with the Underlying Action is GRANTED and Marlyn's motio n for partial summary judgment insofar as it seeks a declaration that Federal has a duty to defend it in the Underlying Action is DENIED. Marlyn's motion insofar as it seeks summary judgment on Federal's claim for recoupment of defense cost s is GRANTED. Additionally, the Clerk of the Court is directed to amend the caption to reflect that Defendant is Marlyn Nutraceuticals, Inc., not Marlyn Neutraceuticals, Inc. So Ordered by Judge Joanna Seybert on 12/19/2013. C/ECF (Valle, Christine)

Date Filed

Document Text

December 19, 2013

Filing 39 MEMORANDUM & ORDER granting 20 Motion for Summary Judgment; granting in part and denying in part 21 Motion for Partial Summary Judgment. For the foregoing reasons, Federal's motion for summary judgment is GRANTED and Marlyn's motion for partial summary judgment is GRANTED IN PART and DENIED IN PART. Federal's motion insofar as it seeks a declaration that it has no duty to defend or indemnify Marlyn in connection with the Underlying Action is GRANTED and Marlyn's motio n for partial summary judgment insofar as it seeks a declaration that Federal has a duty to defend it in the Underlying Action is DENIED. Marlyn's motion insofar as it seeks summary judgment on Federal's claim for recoupment of defense cost s is GRANTED. Additionally, the Clerk of the Court is directed to amend the caption to reflect that Defendant is Marlyn Nutraceuticals, Inc., not Marlyn Neutraceuticals, Inc. So Ordered by Judge Joanna Seybert on 12/19/2013. C/ECF (Valle, Christine)

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Defendant: Marlyn Neutraceuticals, Inc.
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Plaintiff: Federal Insurance Company
Represented By:	Joseph J Cooke
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