JD2 Enviornmental, Inc. v. Endurance American Insurance Company
JD2 Enviornmental, Inc. |
Endurance American Insurance Company |
1:2014cv08888 |
November 7, 2014 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of State |
J. Paul Oetken |
Insurance |
28 U.S.C. ยง 1332 |
None |
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Filing 50 OPINION AND ORDER. For the foregoing reasons, JD2's motion for partial summary judgment is GRANTED. Endurance owes JD2 a duty to defend JD2 in the Avis Action. The Court hereby ORDERS Endurance to begin providing JD2's defense immediately. The Court does not here decide what reimbursement amount is reasonable. If the parties anticipate asking the court to determine the amount for which Endurance must reimburse JD2, a motion seeking that determination must be made within thirty days of this order. Before filing any such motion, the parties must meet and confer in an attempt to agree as to amount and on any other issues the parties may seek to resolve through the Court. Endurance's motion for partial summary judgment dismissing count three of JD2's complaint in this action is GRANTED. The Clerk of Court is directed to close the motions at Docket Numbers 28 and 32. SO ORDERED. re: 32 MOTION for Summary Judgment filed by Endurance American Insurance Company, 28 MOTION for Summary Judgment filed by JD2 Enviornmental, Inc. (Signed by Judge J. Paul Oetken on 2/27/2017) (rjm) |
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Plaintiff: JD2 Enviornmental, Inc. | |
Represented By: | Joel M. Ferdinand |
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Defendant: Endurance American Insurance Company | |
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