General Star Indemnity Company v. Driven Sports, Inc.
General Star Indemnity Company |
Driven Sports, Inc. |
2:2014cv03579 |
June 6, 2014 |
US District Court for the Eastern District of New York |
Central Islip Office |
Joseph F. Bianco |
Arlene R. Lindsay |
Insurance |
28 U.S.C. ยง 1332 Diversity-Insurance Contract |
None |
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Filing 50 ORDER granting in part and denying in part 19 Motion for Summary Judgment; granting in part and denying in part 20 Motion for Partial Summary Judgment. For the reasons set forth herein, plaintiff's motion for summary judgment is granted i n part and denied in part. More specifically, plaintiff's motion is granted to the extent it seeks a declaratory judgment that (1) General Star has no duty to defend or indemnify Driven Sports in the underlying Craze Actions, and (2) the limits of liability of the Policy are reduced by the amount of any defense payments for the Craze Actions not repaid to General Star. However, plaintiff's motion is denied to the extent it seeks a declaratory judgment that General Star is entitled to recoup all amounts paid for defense of the Craze Actions. Defendant's motion for partial summary judgment is granted to the extent that General Star has no right to recoup from Driven Sports all defense expenses for the Craze Actions. However, the defendant's motion is denied in all other respects. The Clerk of the Court shall enter judgment accordingly and close this case. SO ORDERED. Ordered by Judge Joseph F. Bianco on 1/23/2015. (Moe, Alison) |
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Plaintiff: General Star Indemnity Company | |
Represented By: | Cara T. Duffield |
Represented By: | John Howell |
Represented By: | Vincent John Proto |
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Defendant: Driven Sports, Inc. | |
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