Employers Insurance Company of Wausau v. Harleysville Preferred Insurance Company et al
Employers Insurance Company of Wausau |
Harleysville Preferred Insurance Company, The Travelers Indemnity Company and The Electrical Employers Self Insurance Safety Plan |
1:2015cv04175 |
June 1, 2015 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of State |
Denise L. Cote |
Insurance |
28 U.S.C. ยง 1332 in Diversity-Insurance Contract |
None |
Available Case Documents
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Document Text |
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Filing 103 OPINION AND ORDER....Wausaus motion for summary judgment is denied. Neither Travelers nor Harleysville has a duty to defend the Underlying Action. Wausaus claim for a declaration concerning the priority of coverage among the parties is dismissed as moot. Travelers motion for summary judgment is granted insofar as there is no coverage under the Travelers Policy for the claims in the Underlying Action, and thus Travelers has no duty to defend the Underlying Action. For that reason, Harleysville s cross-claim against Travelers is dismissed. Harleysvilles motion for summary judgment is granted insofar as there is no coverage under the Harleysville Policy for the claims in the Underlying Action, and thus Harleysville has no duty to defend Hellman, the MTA, or the TBTA. Harleysvilles counterclaim against Wausau seeking a declaration that Wausau has a duty to defend the Underlying Action is dismissed as moot. (Signed by Judge Denise L. Cote on 2/29/2016) (gr) |
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