THE PHOENIX INSURANCE COMPANY et al v. THE TRAVELERS HOME AND MARINE INSURANCE COMPANY et al
| THE TRAVELERS HOME AND MARINE INSURANCE COMPANY, THE PHOENIX INSURANCE COMPANY, THE AUTOMOBILE INSURANCE COMPANY OF HARTFORD, CONNECTICUT and FARMINGTON CASUALTY COMPANY |
| LEONARD SMALL |
| 2:2014cv04690 |
| August 11, 2014 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Outside the State of PA. |
| STEWART DALZELL |
| Personal Property: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| None |
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Filing
67
MEMORANDUM AND ORDER THAT TRAVELERS, ALLSTATE, HARTFORD UNDERWRITERS, HARTFORD MIDWEST, AMICA, CSAA, ERIE, NATIONWIDE, STATE FARM, USAA, METROPOLITAN LIFE, AND SAFECO ARE ENJOINED UNTIL FURTHER ORDER OF THIS COURT FROM COMMENCING OR CONTINUING TO PRO SECUTE ANY ACTIONS AGAINST SMALL AND LIBERTY MUTUAL AS TO THE PROCEEDS OF SMALL'S INSURANCE POLICY, IDENTIFIED AS POLICY NUMBER H62-281-332467-402, IN RELATION TO THE 10/5/12 FIRE IN UNIT B308 AT 1600 CHURCH RD., WYNCOTE, PA. 19095, INCLUDING TH E PENDING ACTIONS IN THE MONTGOMERY COUNTY COURT OF COMMON PLEAS IDENTIFIED AS ERIE INSURANCE EXCHANGE V. SMALL, NO. 2014-17672, STATE FARM FIE & CASUALTY COMPANY V. SMALL, NO.2014-27272, CSAA AFFINITY INSURANCE COMPANY V. SMALL, NO.2014-23513, AMICA MUTUAL INSURANCE COMPANY V. SMALL, NO.2014-26798, AND NATIONWIDE PROPERTY AND CASUALTY V. SMALL, NO.2014-26223; SMALL AND LIBERTY MUTUAL'S REQUEST FOR DEFAULT JUDGMENT AGAINST METROPOLITAN LIFE [#61] IS GRANTED; SMALL AND LIBERTY MUTUAL'S REQUEST FOR DEFAULT JUDGMENT AGAINST SAFECO [#62] IS GRANTED; SMALL AND LIBERTY MUTUAL'S MOTION TO STRIKE [#39] IS DENIED; LIBERTY MUTUAL IS DISMISSED FROM THIS ACTION AND RELEASED FROM ALL LIABILITY, INDEMNITY, AND CONTRIBUTION TO THE COUNTERCL AIM DEFENDANTS FOR CLAIMS ARISING FROM THE 10/5/12 INCIDENT IN SMALL'S CONDOMINIUM IN WYNCOTE, PA; TRAVELERS, ALLSTATE, HARTFORD UNDERWRITERS, HARTFORD MIDWEST, AMICA, CSAA, ERIE, NATIONWIDE, STATE FARM, AND USAA SHALL FILE MOTIONS FOR SUMMARY J UDGMENT REGARDING THEIR ENTITLEMENT TO AN EQUITABLE DISTRIBUTION OF THE RES BY NOON ON 6/9/15; TRAVELERS, ALLSTATE, HARTFORD UNDERWRITERS, HARTFORD MIDWEST, AMICA, CSAA, ERIE, NATIONWIDE, STATE FARM, AND USAA SHALL RESPOND TO THE OTHER MOTIONS FOR SUMMARY JUDGMENT BY NOON ON 7/7/15; AND FURTHER SCHEDULING SHALL ABIDE THE RESOLUTION OF THE PARTIES' MOTIONS FOR SUMMARY JUDGMENT. SIGNED BY HONORABLE STEWART DALZELL ON 5/19/15. 5/19/15 ENTERED & E-MAILED.(fdc)
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