The Travelers Indemnity Company et al v. Acadia Insurance Company
| Travelers Indemnity Company, The and Travelers Property Casualty Company of America |
| Acadia Insurance Company |
| 1:2008cv00092 |
| April 18, 2008 |
| US District Court for the District of Vermont |
| Brattleboro Office |
| XX US, Outside State |
| J. Garvan Murtha |
| Jerome J. Niedermeier |
| None |
| 28 U.S.C. ยง 2201 Declaratory Judgment |
| None |
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Filing
47
RULING ON MAGISTRATE JUDGE'S 38 REPORT AND RECOMMENDATION: To the extent Defendant requests further consideration of the allocation issue, Defendant's 41 Objection is GRANTED. The Report and Recommendation is AFFIRMED, APPROVED, and ADO PTED as to Count I. Plaintiffs' 21 Motion for Summary Judgment on this count is GRANTED. Defendant's 20 Motion for Summary Judgment is DENIED in its entirety. This case is respectfully REMANDED to Magistrate Judge Conroy so that he may conduct any necessary proceedings and issue a supplemental Report and Recommendation addressing Plaintiffs' 21 Motion for Summary Judgment as to Counts II, III and IV. Signed by Judge J. Garvan Murtha on 5/8/2009. (kak)
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Filing
38
REPORT AND RECOMMENDATION recommending that 20 MOTION for Summary Judgment filed by Acadia Insurance Company be denied and 21 MOTION for Summary Judgment filed by Travelers be granted. In accordance with these findings, I recommend that Acadia be ordered to participate fully in the defense of T. Buck in the City of Rutland action from the date of the District Courts Order, and also to provide contribution to Travelers in the amount of one-third of all defense costs paid by Travelers prior to that date.Objections to R&R due by 3/5/2009. Signed by Judge John M. Conroy on 2/13/2009. (hbc)
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