J.P. JENKS, INC. et al v. AIG CLAIMS, INC.
| J.P. JENKS, INC. and R.W. SIDLEY, INC. |
| AIG CLAIMS, INC. |
| 1:2015cv00155 |
| June 18, 2015 |
| US District Court for the Western District of Pennsylvania |
| Erie Office |
| XX US, Outside State |
| Barbara Rothstein |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
68
MEMORANDUM OPINION & ORDER: For the foregoing reasons, the Court hereby GRANTS in part and DENIES in part both Defendants and Plaintiffs Motions for Summary Judgment. Defendant is liable under the Policy and Pennsylvania law for coverage arising out of Bowers injury in Pennsylvania, even if that claim was initially filed in Ohio. Because Plaintiffs are also self-insured for claims filed in Ohio, the Policys Other Insurance clause becomes operative. That clause requires that liability for bene fits paid in Ohio and compensable under Pennsylvania law be shared evenly between Plaintiffs and Defendant. Plaintiffs have established that $207,960.15 of the benefits paid in Ohio are compensable under Pennsylvania law. Accordingly, Defendan t must reimburse Plaintiffs the sum of $103,980.08. Plaintiffs claim for bad faith is denied. NOW THEREFORE, it is ORDERED as follows: the parties claims having been fully adjudicated, this case is DISMISSED. Signed by Judge Barbara Rothstein on 2/26/2017. (nk)
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