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American Western Home Insurance Company v. Donnelly Distribution

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


August 2, 2011

AMERICAN WESTERN HOME INSURANCE COMPANY, PLAINTIFF,
v.
DONNELLY DISTRIBUTION, INC., DEFENDANT.

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

ORDER

AND NOW, this 2nd day of August, 2011, upon consideration of Plaintiff's Motion for Judgment on the Pleadings, or in the Alternative, Summary Judgment; Defendant's Opposition thereto; and for the reasons stated in the Court's Memorandum dated August 2, 2011, it is hereby ORDERED that:

1. The Motion (Document No. 9) is DENIED.

2. Judgment is entered in favor of Defendant and against Plaintiff, as follows:

a. American Western Home Insurance Company must defend and indemnify Donnelly Distribution, Inc. in the matter of Swanlund v. Donnelly Distribution, Inc., Philadelphia County Court of Common Pleas No. 071104135.

3. The Clerk of the Court is directed to close this case.

BY THE COURT:

20110802

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