IBA Molecular North America, Inc. v. ST. Paul Fire and Marine Insurance Company et al
| IBA Molecular North America, Inc. |
| ST. Paul Fire and Marine Insurance Company and General Star Indemnity Company |
| 1:2011cv01862 |
| March 17, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Thomas P. Griesa |
| Insurance |
| 28 U.S.C. ยง 2201 |
| None |
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Filing
23
OPINION re: 16 CROSS MOTION for Summary Judgment against General Star filed by IBA Molecular North America, Inc., 8 MOTION for Summary Judgment filed by St. Paul Fire and Marine Insurance Company. This declaratory judgment action arises ou t of an automobile accident that occurred in 2001, while an employee of Pharmacologic PET, LLC, the predecessor to plaintiff IBA Molecular North America (IBA Molecular), was driving a company automobile during an apparent crime spree and, while runni ng from the police in the car, hit a police officer. IBA received insurance coverage from its primary automobile insurance policy, but the damages paid exceeded the policy limits of that policy. IBA is now seeking insurance coverage under an umbrella insurance policy issued by defendant General Star Indemnity Company (General Star), or alternatively under a commercial general liability (CGL) policy issued by St. Paul Fire and Marine Insurance Company (St. Paul). The CGL policy contains an auto e xclusion which, St. Paul argues, mandates summary judgment in its favor. St. Paul moves for judgment on the basis of the auto exclusion. For the foregoing reasons, the motion of St. Paul and IBA based on the auto exclusion is granted. The motion of IBA for summary judgment against General Star is denied. This opinion resolves the motions listed under document numbers 8 and 16 on the docket of case 11 Civ. 1862. (Signed by Judge Thomas P. Griesa on 9/27/2012) (ja)
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