NATIONAL QUARRY SERVICES, INC. v. FIRST MERCURY INSURANCE COMPANY, INC.
NATIONAL QUARRY SERVICES, INC. |
FIRST MERCURY INSURANCE COMPANY, INC. |
1:2017cv00997 |
November 2, 2017 |
US District Court for the Middle District of North Carolina |
NCMD Office |
Forsyth |
JOI ELIZABETH PEAKE |
WILLIAM L. OSTEEN |
Insurance |
28 U.S.C. ยง 1332 |
Both |
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Filing 25 MEMORANDUM OPINION AND ORDER, signed by JUDGE WILLIAM L. OSTEEN, JR on 03/11/2019, that Plaintiffs Motion for Judgment on the Pleadings, (Doc. 16 ), is GRANTED IN PART AND DENIED IN PART, in that Plaintiff's motion is GRANTED as to Plaintiff's request for a declaratory judgment on Defendant's obligation to defend in the underlying dispute but DENIED as to Plaintiff's request for a declaratory judgment on Defendant's obligation to i ndemnify for any losses and as to Plaintiff's breach of contract claim. FURTHER that Defendant's Motion for Judgment on the Pleadings, (Doc. 13 ), is DENIED WITHOUT PREJUDICE. A partial judgment for Plaintiff on the declaratory judgment action shall be entered contemporaneously with this order, stating that Defendant has a duty to defend Plaintiff in the underlying dispute. As described herein, any remaining claims will be addressed at a later time. (Taylor, Abby) |
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Plaintiff: NATIONAL QUARRY SERVICES, INC. | |
Represented By: | ALLEN T. WIGGINS |
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Defendant: FIRST MERCURY INSURANCE COMPANY, INC. | |
Represented By: | DAVID LEONARD BROWN |
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