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State Farm Fire and Casualty Co v. McDermott

United States District Court, E.D. Pennsylvania

October 15, 2014

STATE FARM FIRE AND CASUALTY CO
v.
PATRICK McDERMOTT, d/b/a PATRICK McDERMOTT PLASTERING

ORDER

PETRESE B. TUCKER, Chief District Judge.

AND Now, this 14 day of October, upon consideration of Plaintiff State Farm Fire and Casualty Company's Motion for Summary Judgment (Doc. 16), Defendant Patrick McDermott d/b/a Patrick McDermott Plastering's Answer in Response to Plaintiffs Summary Judgment Motion (Doc. 17), Defendant McDermott's Cross-Motion for Summary Judgment (Doc. 18), Defendant McDermott's Memorandum of Law in Support of his Cross-Motion for Summary Judgment (Doc. 19), Plaintiff State Farm's Response in Opposition to Defendant's Cross-Motion for Summary Judgment (Doc. 20), and Defendant McDermott's Reply to Plaintiffs Response in Opposition to Defendant's Cross-Motion for Summary Judgment (Doc. 21), along with the parties' exhibits and filings, Plaintiffs Motion for Summary Judgment is GRANTED and Defendant's Cross-Motion for Summary Judgment is DENIED.

IT IS ORDERED that JUDGMENT is entered for Plaintiff State Farm and against Defendant McDermott as follows:

1. State Farm Fire and Casualty Company has no obligation to defend Patrick McDermott d/b/a Patrick McDermott Plastering under the insurance policy agreements made by the parties for the underlying PulteGroup Action.
2. As State Farm Fire and Casualty Company has no obligation to defend Patrick McDermott d/b/a Patrick McDermott Plastering under the insurance policy agreements made by the parties for the underlying PulteGroup Action, State Farm Fire and Casualty Company also has no obligation to indemnify Patrick McDermott d/b/a Patrick McDermott Plastering under the aforementioned policies for the underlying PulteGroup Action.

IT IS FURTHER ORDERED that the Clerk of Court shall mark this matter as CLOSED for statistical purposes.


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