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Hartford Casualty v. Acc Meat Company

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


October 1, 2012

HARTFORD CASUALTY INSURANCE CO.,
PLAINTIFF,
v.
ACC MEAT COMPANY, LLC, ET AL., DEFENDANTS/THIRD PARTY PLAINTIFFS
v.
CHRISTIAN-BAKER CO., THIRD PARTY DEFENDANT

The opinion of the court was delivered by: (Judge Conner)

ORDER

AND NOW, this 1st day of October, 2012, upon consideration of the Magistrate Judge's report (Doc. 50) recommending that plaintiff Hartford Casualty Insurance Company's ("Hartford") motion for summary judgment (Doc. 27) be granted, and defendant/third party plaintiff ACC Meat Company, LLC's ("ACC") cross-motion for summary judgment (Doc. 30) be dismissed because (1) ACC was not an unnamed subsidiary under the insurance policy Hartford provided to Brother & Sister Food Company ("B&S"), (2) ACC was not covered under the B&S insurance policy according to an indemnity agreement between ACC and B&S,*fn1 and (3) Hartford and third party defendant Christian Baker Company ("C-B") did not have an agency relationship-whether actual, apparent, or by estoppel-exposing Hartford to vicarious liability through C-B as its agent,*fn2 and upon further consideration of ACC's objections to the report (Doc. 51),*fn3 and, following an independent review of the record,*fn4 the court concluding that there are no genuine disputes of material fact,*fn5 and that Hartford is entitled to judgment as a matter of law,*fn6 it is hereby ORDERED that:

1. The report and recommendation (Doc. 50) of the Magistrate Judge are ADOPTED.

2. ACC Meat Company, LLC's motion for summary judgment (Doc. 30) is DENIED.

3. Hartford Casualty Insurance Company's motion for summary judgment (Doc. 27) is GRANTED.

4. The Clerk of Court is directed to DISMISS Hartford Casualty Insurance Company as a party in this case.

CHRISTOPHER C. CONNER United States District Judge


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