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16-8210 - Vita Food Products, Inc. v. Navigators Insurance Company


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16-8210 - Vita Food Products, Inc. v. Navigators Insurance Company
June 2, 2017
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MEMORANDUM Opinion and Order Signed by the Honorable Marvin E. Aspen on 6/2/2017: Navigators' motion for judgment on the pleadings 22 is granted in part and denied in part pursuant to Rule 12(c). The motion is granted with respect to Vita's claim for coverage under the 2009 Policy, and Count I of the complaint is accordingly dismissed. The motion is denied as to Vita's claims under the 2007 Policy as set forth in Count II. Vita's motion to strike Navigators' affirmative defenses 19 is granted in part and denied in part. The motion is granted as to Navigators First, Second, and Fourth Affirmative Defenses, which are hereby stricken, without prejudice. Navigators is granted leave to file an amended answer on or before July 5, 2017. Vita's motion to strike Navigators' Third, Seventh, Eighth, Ninth, Tenth, and Eleventh Affirmative Defenses is denied.Mailed notice(mad, )