Summary
holding that plaintiffs' admissions in answer to complaint were irrelevant to the analysis of whether insurer had duty to defend because of Kvaerner's "direct[ion] to exclusively consider the factual allegations in the underlying complaint"
Summary of this case from Bealer v. Nationwide Mut. Ins. Co.Opinion
CIVIL ACTION No. 07-4767, CIVIL ACTION No. 08-3895.
September 18, 2009
ORDER
AND NOW, this 17th day of September 2009, upon consideration of the Motions filed by the parties, the corresponding briefs, the discussion held at oral argument, and for the reasons stated in the foregoing Memorandum, it is hereby ORDERED that
(1) Nationwide's Motion for Summary Judgment (07-4767, Doc. 47; 08-3895, Doc. 68) is GRANTED in part and DENIED in part in accordance with the foregoing Memorandum. To summarize,
(a) Nationwide's Motion is GRANTED on the duty to defend Liberty in the Maggio case;
(b) Nationwide's Motion is DENIED on the duty to defend Liberty in the Laberta and Oprea cases;
(c) Nationwide's Motion is DENIED on the duty to defend Margaret McCafferty d/b/a James A. McCafferty Funeral Home in the Wilson/Pancoast case;
(d) Nationwide's Motion is DENIED, without prejudice, on the duty to defend Margaret McCafferty d/b/a James A. McCafferty Funeral Home in the Gibson case;
(e) Nationwide's Motion is GRANTED on the duty to defend Margaret McCafferty d/b/a James A. McCafferty Funeral Home in the Laberta case.
(2) Margaret McCafferty's Motion to Sever (08-3895, Doc. 76) is DENIED, without prejudice.