BASELINE CONTRACTING, INC. v. CINCINNATI INSURANCE et al
| BASELINE CONTRACTING, INC. |
| CINCINNATI INSURANCE and CINCINNATI INDEMNITY COMPANY |
| 5:2012cv02350 |
| May 1, 2012 |
| US District Court for the Eastern District of Pennsylvania |
| Allentown Office |
| Philadelphia |
| LAWRENCE F. STENGEL |
| Insurance |
| 28 U.S.C. ยง 1441 |
| Defendant |
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Filing
48
MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [#35] IS GRANTED IN PART AND DENIED IN PART. THE MOTION IS GRANTED AS TO COUNT II OF PLAINTIFF'S COMPLAINT. JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS CINCINNATI INSURANCE AN D CINCINNATI INDEMNITY COMPANY AND AGAINST PLAINTIFFS BASELINE CONTRACTING, INC. AND SITELINE SERVICES, INC. ON COUNT II OF PLAINTIFF'S COMPLAINT. PLAINTIFFS ARE BARRED FROM ASSERTING AS AFFIRMATIVE DEFENSES TO DEFENDANTS' COUNTERCLAIM THAT DEFENDANTS (A) FAILED TO PROVIDE THEM WITH TIMELY NOTICE OF AN INCREASE IN THEIR PREMIUMS, (B) FAILED TO PROVIDE THEM WITH TIMELY NOTICE OF ITS ELECTION NOT TO RENEW THEIR WORKERS' COMPENSATION AND GENERAL LIABILITY COVERAGE, (C) IMPROPERLY RE- INCLUDED THE VALUE OF DIRECT CASH FRINGE BENEFIT PAYMENTS INTO ITS CALCULATION OF PLAINTIFFS' PAYROLLS FOR GENERAL LIABILITY COVERAGE PREMIUM PURPOSES, AND (D) MISHANDLED THE BOOTH, REINOEHL, AND MOSER WORKERS' COMPENSATION CLAIMS, THEREBY DISCHARGING PLAINTIFFS' RESPONSIBILITY TO PAY THEIR FINAL AUDITED PREMIUMS. DEFENDANTS' MOTION IS DENIED IN ALL OTHER RESPECTS. PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT [#36] IS DENIED. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 8/20/15. 8/20/15 ENTERED & E-MAILED.(fdc)
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