Cooper v. Westfield Insurance Company et al

Justia Dockets & Filings Fourth Circuit West Virginia Southern District Cooper v. Westfield Insurance Company et al

Cooper v. Westfield Insurance Company et al

Case Number:	2:2019cv00324
Filed:	February 28, 2020
Court:	US District Court for the Southern District of West Virginia
Office:	Charleston Office
Nature of Suit:	Insurance
Cause of Action:	28 U.S.C. § 1332 Diversity-Insurance Contract

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Date Filed	Document Text
September 22, 2020	Filing 34 MEMORANDUM OPINION AND ORDER directing that Plaintiff's 18 motion for summary judgment is DENIED; Westfield's 20 motion for summary judgment is GRANTED with respect to Counts I, III, and VI; the Court declares that the Westfield Policie s afford no coverage to Plaintiff and Mom's Place Too for any of the claims asserted and damages sought to be recovered in the Gaglione Suit, and, as a result, Westfield owes no duties of defense and indemnity in connection with the Gaglione Suit. Signed by Judge Thomas E. Johnston on 9/22/2020. (cc: counsel of record; any unrepresented party) (kew)
February 28, 2020	Filing 30 MEMORANDUM OPINION AND ORDER The Court DENIES Westfield's 10 request to file a Third-Party Complaint against Reed Sturm and GRANTS Westfield leave to amend its answer and counterclaim against Plaintiff; Plaintiff's claims against Defendant Thomas Seymour are DISMISSED WITHOUT PREJUDICE; the Clerk is directed to remove Defendant Thomas Seymour as a party to this action. Signed by Judge Thomas E. Johnston on 2/28/2020. (cc: counsel of record; any unrepresented party) (kew)

Date Filed

Document Text

September 22, 2020

Filing 34 MEMORANDUM OPINION AND ORDER directing that Plaintiff's 18 motion for summary judgment is DENIED; Westfield's 20 motion for summary judgment is GRANTED with respect to Counts I, III, and VI; the Court declares that the Westfield Policie s afford no coverage to Plaintiff and Mom's Place Too for any of the claims asserted and damages sought to be recovered in the Gaglione Suit, and, as a result, Westfield owes no duties of defense and indemnity in connection with the Gaglione Suit. Signed by Judge Thomas E. Johnston on 9/22/2020. (cc: counsel of record; any unrepresented party) (kew)

February 28, 2020

Filing 30 MEMORANDUM OPINION AND ORDER The Court DENIES Westfield's 10 request to file a Third-Party Complaint against Reed Sturm and GRANTS Westfield leave to amend its answer and counterclaim against Plaintiff; Plaintiff's claims against Defendant Thomas Seymour are DISMISSED WITHOUT PREJUDICE; the Clerk is directed to remove Defendant Thomas Seymour as a party to this action. Signed by Judge Thomas E. Johnston on 2/28/2020. (cc: counsel of record; any unrepresented party) (kew)

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