June 17, 2013
TOLL BROS., INC., Plaintiff,
ESSEX INSURANCE COMPANY, Defendant.
PETRESE B. TUCKER, District Judge.
AND NOW, this _____ day of June, 2013, upon consideration of Plaintiff's Motion for Partial Summary Judgment (Doc. 61), Defendant Essex Insurance Company's Response in Opposition thereto (Doc. 65), Defendant Essex Insurance Company's Motion for Summary Judgment (Doc. 62), and Plaintiff's Response in Opposition thereto (Doc. 66), IT IS HEREBY ORDERED AND DECREED that the parties' cross motions for summary judgment is resolved as follows:
1. Toll's Motion for Partial Summary Judgment is GRANTED; and
2. Essex's Motion for Summary Judgment is DENIED with respect to Toll's defense claim (contained in Count VII) and GRANTED with respect to Toll's remaining claims.
IT IS FURTHER ORDERED that a teleconference shall be held on Wednesday, June 26, 2013 at 11:00 p.m. to discuss Essex's obligation duty to defend Toll in the Ort/Iyer lawsuit.