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15-228 - Fernandez v. Zurich American Insurance Company


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15-228 - Fernandez v. Zurich American Insurance Company
March 8, 2017
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For the reasons discussed herein:1. Plaintiffs' 52 motion for summary judgment is GRANTED in part and DENIED in part. Plaintiffs' 52 motion is granted as to the duty-to-defend portions of Counts One, Two, Four, and Five of the second amended complaint, except that damages will be determined in a later proceeding. 2. Defendant's 49 motion for summary judgment is GRANTED in part and DENIED in part. Defendant's 49 motion is granted as to Counts Three and Six of the second amended complaint. 3. The case proceeds as to the portions of Counts One, Two, Four, and Five of the second amended complaint concerning the duty to indemnify. The parties shall file their joint trial memorandum within 45 days in accordance with my instructions for such a memorandum (available on the Court's website). Should the parties wish to proceed to mediation, they shall jointly file a statement within 14 days, certifying that (1) counsel have conferred with their clients and each other, (2) the parties wish to proceed to mediation, (3) the parties are willing to participate in settlement efforts in good faith, and (4) counsel believe that a mediation stands at least a reasonable chance of resolving the case without trial. If they file such a statement, the Court will postpone the deadline for the filing of the joint trial memorandum until 45 days after the parties' mediation. Signed by Judge Michael P. Shea on 3/8/2017. (Howard, H.)