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Sloan & Co. v. Liberty Mutual Insurance Co.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


December 3, 2009

SLOAN & CO., PLAINTIFF,
v.
LIBERTY MUTUAL INSURANCE CO., DEFENDANT.

The opinion of the court was delivered by: Berle M. Schiller, J.

ORDER

AND NOW, this 3rd day of December, 2009, upon consideration of Plaintiff's Motion for Second Partial Summary Judgment, Defendant's Second Cross-Motion for Partial Summary Judgment, the parties' responses thereto, the November 20, 2009 oral argument on these motions, and for the reasons discussed in the Court's Memorandum of December 3, 2009, it is hereby ORDERED that:

1. Plaintiff's Motion for Second Partial Summary Judgment (Doc. No. 48) is GRANTED in part and DENIED in part.

a. Plaintiff's motion seeking to preclude Defendant from deducting Shoemaker Construction Corporation's and/or Defendant's legal fees from the balance of Plaintiff's claim is GRANTED. Defendant is hereby precluded from deducting Shoemaker Construction Corporation's or Defendant's attorney's fees or expenses from the amount it owes to Plaintiff. Judgment is entered in favor of Plaintiff on this issue in the amount of $16,579.

b. Plaintiff's motion as to repairs is DENIED.

c. Plaintiff's motion as to deficiencies is GRANTED. Judgment is entered in favor of Plaintiff on the issue of deficiencies in the amount of $24,600.

d. Plaintiff's motion as to prejudgment interest is GRANTED in part. Judgment is entered in favor of Plaintiff for prejudgment interest on this Court's August 25, 2009 Order in the amount of $98,854. Judgment is entered in favor of Plaintiff for prejudgment interest on the amount awarded in the present order in the amount of $5,862.

e. Therefore, in addition to the $785,067 judgment the Court entered in favor of Plaintiff in its August 25, 2009 Order, judgment is entered in favor of Plaintiff in the amount of $145,895.

2. Defendant's Cross-Motion for Summary Judgment (Doc. No. 51) is DENIED.

20091203

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