IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
July 17, 2012
WISEMAN OIL CO., INC., ESTATE OF JOSEPH WISEMAN, ESTATE OF RUTH N. WISEMAN, EILEEN FANBURG, AS EXECUTRIX PLAINTIFFS,
TIG INSURANCE CO. F/K/A
TRANSAMERICA INSURANCE CO. DEFENDANT.
The opinion of the court was delivered by: U.S. District Judge Joy Flowers Conti
Chief Magistrate Judge Lisa Pupo Lenihan
MEMORANDUM ORDER ON DEFENDANT'S MOTION FOR JUDGMENTON THE PLEADINGS
The Complaint in the above captioned case was received by the Clerk of Court on August 4, 2011 and was referred to United States Chief Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. §636(b)(1), and Local Rules of Court 72.C and 72.D.
The Chief Magistrate Judge's Report and Recommendation filed on May 29, 2012, recommended that the Motion for Judgment on the Pleadings filed by Defendant, and premised on various statute of limitations grounds, be denied.
Service was made on all counsel of record. The parties were informed that in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Rule 72.D.2 of the Local Rules of Court, that they had fourteen (14) days to file any objections. Defendant's Objections and Plaintiff's Response to those Objections were timely filed with respect to the Report and Recommendation.
After review of the pleadings and documents in the case, together with the Report and Recommendation, the court finds the extensive, but largely, reiterated arguments contained in Defendant's Objections unpersuasive*fn1 and that the reasons for rejecting those arguments are fully explained in the Report and Recommendation, including illustrative distinctions between language sufficient and insufficient to constitute a clear and unequivocal denial of coverage. For the reasons set forth in the Report and Recommendation, the following Order is entered: AND NOW, this 17th day of July, 2012,
IT IS HEREBY ORDERED that the Motion for Judgment on the Pleadings filed by Defendant is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation of Chief Magistrate Judge Lenihan, dated May 29, 2012, is adopted as the opinion of the Court.
Joy Flowers Conti United States District Judge