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ESSEX INSURANCE COMPANY v. PENN COMMONS

United States District Court, W.D. Pennsylvania


September 6, 2005.

ESSEX INSURANCE COMPANY, Plaintiff,
v.
PENN COMMONS, INC., PENN COMMONS, L.P., 525 PENN AVENUE, L.L.C., general partner of PENN COMMONS, L.P., GREGORY J. ROSCOE, AND TRICIA RUNGE, Defendants.

The opinion of the court was delivered by: TERRENCE F. McVERRY, District Judge

MEMORANDUM ORDER OF COURT

AND NOW, this 6th day of September, 2005, upon consideration of the unopposed MOTION FOR SUMMARY JUDGMENT filed by Plaintiff, Essex Insurance Company, (Document No. 17) filed on June 2, 2005, it is hereby

ORDERED, ADJUDGED, AND DECREED that said Motion is GRANTED and summary judgment is entered in favor of Essex Insurance Company.

  It is further ORDERED, ADJUDGED, AND DECREED as follows:

  1. Plaintiff, Essex Insurance Company, has no duty under Policy No. 3CH0194 to defend or pay defense costs to, or on behalf of, Defendants Penn Commons, Inc., Penn Commons, L.P., 525 Penn Avenue L.L.C. or Gregory J. Roscoe, in connection with the Underlying Lawsuit filed by Tricia Runge in the Allegheny County Court of Common Pleas, Civil Division, captioned Runge v. Pennsylvania Institute of Culinary Arts, Inc., et al., G.D. No. 04-020401 (Allegheny County CCP); and 2. Therefore, Essex Insurance Company has no duty to indemnify Defendants Penn Commons, Inc., Penn Commons, L.P., 525 Penn Avenue L.L.C. or Gregory J. Roscoe, for any judgment, settlement, or other award of monies as damages, including punitive damages, in connection with the Underlying Lawsuit filed by Tricia Runge in the Allegheny County Court of Common Pleas, Civil Division, captioned Runge v. Pennsylvania Institute of Culinary Arts, Inc., et al., G.D. No. 04-020401 (Allegheny County CCP), or to pay monies, including any compensatory or punitive damages, on behalf of Defendants Penn Commons, Inc., Penn Commons, L.P., 525 Penn Avenue L.L.C. or Gregory J. Roscoe to Tricia Runge in connection with the Underlying Lawsuit filed by Tricia Runge in the Allegheny County Court of Common Pleas captioned Runge v. Pennsylvania Institute of Culinary Arts, Inc., et al., G.D. No. 04-020401 (Allegheny County CCP).

20050906

© 1992-2005 VersusLaw Inc.



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