Allied World Surplus Lines Insurance Company et al v. Day Surgery Limited Liability Company et al
| Allied World Surplus Lines Insurance Company and Allied World Assurance Company |
| Day Surgery Limited Liability Company, J. L., A. G., Je. W. and Ja. W. |
| 2:2017cv04286 |
| November 7, 2017 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| XX US, Outside State |
| Thomas E. Johnston |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Defendant |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
304
MEMORANDUM OPINION AND ORDER The Court GRANTS IN PART and DENIES IN PART Allied World's 250 motion for summary judgment, and GRANTS IN PART and DENIES IN PART the DS Entities and Claimants' 267 , 269 , 270 , 272 , 273 , 277 , 278 motions for partial summary judgment; the Court GRANTS Allied World's motion insofar as it seeks a declaration (1) that the underlying claims are all "related claim" and, thus, deemed a single claim, subject to a single per claim limit of liability, and (2) that DS Holdings is not insured under the Excess Policy; the Court also GRANTS the DS Entities and Claimants' motions insofar as they seek declarations (1) that the limit of liability under the Primary Policy may not be re duced by the payment of defense expenses, and (2) that DS Holdings is an insured under the Primary Policy; the Court DENIES the motions as to the remaining issues. Signed by Judge Thomas E. Johnston on 3/31/2020. (cc: counsel of record; any unrepresented party) (kew)
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Filing
247
MEMORANDUM OPINION AND ORDER denying 124 , 129 , 132 , and 145 Motions to Dismiss, as more fully set forth herein. Signed by Judge Thomas E. Johnston on 7/26/2019. (cc: counsel of record; any unrepresented party) (kew)
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Filing
114
MEMORANDUM OPINION AND ORDER granting in part and denying in part 80 MOTION by Allied World Assurance Company, Allied World Surplus Lines Insurance Company for Leave to Supplement or, in the Alternative, to Amend; GRANTS IN PART the motion ins ofar as it requests leave to amend the 44 Amended Complaint and DENIES IN PART the motion insofar as it requests leave to supplement; and DIRECTS the Clerk to docket the attached "Exhibit Complaint" (ECF No. 80-1), as Allied World's operative pleading in this case. Signed by Judge Thomas E. Johnston on 10/17/2018. (cc: counsel of record; any unrepresented party) (taq)
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