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UNITED STATES FID. & GUARANTY v. LEHIGH VALLEY ICE ARENA

United States District Court, E.D. Pennsylvania


March 3, 2004.

UNITED STATES FIDELITY AND GUARANTY COMPANY, Plaintiff
v.
LEHIGH VALLEY ICE ARENA, INC., Defendant vs. PHILIP WAGONER, PAUL GETZ, NATHAN BEIL, MICHAEL TOTH, MICHAEL MACAULAY, MAXIMILLIAN SORENSEN, MATTHEW C. SMITH, JOHN YORKS, JEFFREY DAHLGREN, EDWARD KEEGAN, DOMENICO GALATI, DANIEL REINERT, DALE HOWE, JENNIFER LYNN WINCER, BRIAN WINCER, BRANDON MURPHY, WILLIAM CLEARY, BENJAMIN WESTERMANN AND ANDREW KOCH, and JOHN M. FOX, Intervenors

The opinion of the court was delivered by: JAMES KNOLL GARDNER, District Judge

ORDER

NOW, this 3 rd day of March, 2004, upon consideration of Defendant, Lehigh Valley Ice Arena, Inc.'s Motion to Dismiss filed October 23, 2003;*fn1 upon consideration of the Page 2 Answer of Plaintiff, United States Fidelity and Guaranty Company, to Defendant's Motion to Dismiss filed November 3, 2003; upon consideration of Defendant's Reply Brief filed November 12, 2003; upon consideration of the Sur-Reply Brief of Plaintiff, United States Fidelity and Guaranty Company, in Opposition to Defendant's Motion to Dismiss filed November 19, 2003; upon consideration of Defendant, Lehigh Valley Ice Arena, Inc.'s Motion for Preliminary Injunction against Plaintiff filed December 9, 2003;*fn2 upon consideration of the Brief in Support of the Motion for Preliminary Injunction of Defendant, Lehigh Valley Ice Arena, Inc. filed December 9, 2003; upon consideration of the Answer of Plaintiff United States Fidelity and Guaranty Company to the Motion for Preliminary Injunction of Defendant Lehigh Valley Ice Arena, Inc. filed December 22, 2003; upon consideration of the Brief of United States Fidelity and Guaranty Company in Opposition to the Motion for Preliminary Injunction of Defendant, Lehigh Valley Ice Arena, Inc. filed December 22, 2003; upon consideration of Plaintiff, United States Fidelity and Guaranty Company's Motion for Summary Judgment filed December 23, 2003; upon consideration of the Brief of United States Fidelity and Guaranty Company in Support of Its Motion for Page 3 Summary Judgment filed December 23, 2003; upon consideration of Intervenor-Defendant, John M. Fox's Answer to United States Fidelity and Guaranty Company's Motion for Summary Judgment Page 4 filed January 13, 2004; upon consideration of the Brief of Intervenor — John M. Fox in Opposition to United States Fidelity and Guaranty Company's Motion for Summary Judgment filed January 13, 2004; upon consideration of Interveners Andrew Koch, Benjamin Westermann, William Cleary, Brandon Murphy, Brian Wincer, Jennifer Lynn Wincer, Dale Howe, Daniel Reinert, Domenico Galati, Edward Keegan, Jeffrey Dahlgren, John Yorks, Matthew C. Smith, Maximilliam Sorensen, Michael MacAulay, Michael Toth, Nathan Beil, Paul Getz and Philip Wagoner Answer to Motion for Summary Judgment of United States Fidelity & Guaranty Company filed January 13, 2004; upon consideration of the Answer of Defendant, Lehigh Velley Ice Arena, Inc. to the Motion for Summary Judgment of Plaintiff, United States Fidelity and Guaranty Company filed January 16, 2004; upon consideration of the Cross-Motion for Summary Judgment of Defendant Lehigh Valley Ice Arena, Inc. filed January 16, 2004; upon consideration of the Brief in Support of the Cross-Motion for Summary Judgment of Defendant, Lehigh Valley Ice Arena, Inc., and contra Plaintiff, United States Fidelity and Guaranty Company's, Motion for Summary Judgment filed January 16, 2004; upon consideration of the Request for Oral Argument filed by defendant Lehigh Valley Ice Arena on January 20, 2004;*fn3 upon consideration of the Answer of Plaintiff, United States Fidelity and Guaranty Company, to the Cross-Motion for Summary Judgment of Defendant, Lehigh Valley Ice Arena, Inc. filed January 23, 2004; upon consideration of the Brief of Plaintiff, United States Fidelity and Guaranty Company, in Opposition to the Cross-Motion for Summary Judgment of Defendant, Lehigh Valley Ice Arena, Inc., and in Reply to the Submissions Opposing Plaintiff's Motion for Summary Judgment filed January 23, 2004; for the reasons expressed in the accompanying Opinion,

IT IS ORDERED that plaintiff's motion for summary judgment is granted.

  IT IS FURTHER ORDERED that defendant's cross-motion for summary judgment is denied.

  IT IS FURTHER ORDERED that defendant's motion to dismiss is denied.

  IT IS FURTHER ORDERED that defendant's motion for a preliminary injunction is denied.

  IT IS FURTHER ORDERED that the requests for oral Page 5 argument are denied.

  IT IS FURTHER ORDERED that declaratory judgment is entered in favor of plaintiff.

  IT IS FURTHER ORDERED that United States Fidelity and Guaranty Company must neither defend or indemnify Lehigh Valley Ice Arena, Inc. in either Civil Action numbers 03-712 or 03-2422, in the Court of Common Pleas, Philadelphia County, Pennsylvania.


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