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WINDSOR MT. JOY MUT. INS. CO. v. POZZI

October 6, 1993

WINDSOR MT. JOY MUTUAL INSURANCE COMPANY
v.
SAMUEL P. POZZI, JR. v. PRUDENTIAL PROPERTY & CASUALTY COMPANY



The opinion of the court was delivered by: BY THE COURT; STEWART DALZELL

 Dalzell, J.

 October 6, 1993

 Plaintiff Windsor Mt. Joy Mutual Insurance Company ("Windsor Mt. Joy") brought this suit seeking a declaratory judgment that it is not obligated under a marine insurance policy to defend or indemnify defendant Samuel P. Pozzi, Jr. in a wrongful death action the Estate of Donald L. Culp filed against Pozzi.

 On April 2, 1993, Windsor Mt. Joy filed this action, and on May 14 Pozzi filed a third-party complaint against Prudential Property & Casualty Company as a third-party defendant. After a June 30 conference, and upon consideration of Prudential Property & Casualty's memorandum, we issued an Order on August 17 placing Pozzi's third-party action against Prudential Property & Casualty in civil suspense pending the resolution of a parallel homeowner's coverage case in New Jersey state court. *fn1"

 Windsor Mt. Joy has now filed a motion for summary judgment, and defendant Pozzi has filed a cross-motion for summary judgment.

 Upon consideration of these motions and plaintiff's reply, for the reasons that follow we will grant Windsor Mt. Joy's motion for summary judgment and deny Pozzi's cross-motion for summary judgment. *fn2"

 I. Factual Background

 The facts necessary to resolve these motions are undisputed. On June 15, 1990, Windsor Mt. Joy issued a "skipper policy" to Samuel P. Pozzi, Jr. The policy provided coverage for Pozzi's forty-two foot Bertram Cruiser from August 18, 1990 to August 18, 1991. The provision of the policy in controversy, section B1.(b)(1), states:

 
SECTION B-PROTECTION AND INDEMNITY INSURANCE
 
 
1. Liability Coverage. If the Insured shall become legally obligated to pay and shall pay as damages any sum or sums because of:
 
(b) Bodily Injury:
 
(1) Loss of life or bodily injury . . . arising out of the ownership, maintenance or use of the vessel, the Company will reimburse the Insured for the sums so paid or which may be required to indemnify the Insured for such loss; . . . .

 Exhibit 2 to Plaintiff's Motion for Summary Judgment. *fn3" ...


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