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Hartford Casualty Insurance Co. v. Dental Organization For

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


April 1, 2011

HARTFORD CASUALTY INSURANCE CO.
v.
DENTAL ORGANIZATION FOR CONSCIOUS SEDATION, LLC

The opinion of the court was delivered by: Harvey Bartle III C.J.

ORDER

AND NOW, this 1st day of April, 2011, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:

(1) the motion of defendant Dental Organization for Conscious Sedation, LLC for partial summary judgment (Doc. No. 16) is GRANTED;

(2) plaintiff Hartford Casualty Insurance Co. has a duty to defend Dental Organization for Conscious Sedation, LLC ("DOCS") in connection with the claims asserted against DOCS in the action captioned Coleman v. Dental Organization for Conscious Sedation, LLC, et al., No. 10-798 (E.D. Mo., filed Apr. 30, 2010), presently pending in the United States District Court for the Eastern District of Missouri;

(3) the motion of plaintiff Hartford Casualty Insurance Co. for summary judgment is DENIED on the issue of its duty to defend DOCS; and

(4) the motion of plaintiff Hartford Casualty Insurance Co. for summary judgment on the issue of its duty to indemnify DOCS is held in abeyance until the underlying action captioned Coleman v. Dental Organization for Conscious Sedation, LLC, et al., No. 10-798 (E.D. Mo., filed Apr. 30, 2010), presently pending in the United States District Court for the Eastern District of Missouri, is resolved.

BY THE COURT:

20110401

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