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12-5732 - Scottsdale Insurance Company v. United Industries & Construction Corp.


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12-5732 - Scottsdale Insurance Company v. United Industries & Construction Corp.
September 29, 2015
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MEMORANDUM AND ORDER granting in part and denying in part 29 Motion for Summary Judgment; granting in part and denying in part 30 Motion for Summary Judgment: For the reasons stated in the attached Memorandum and Order, the parties' cross-motions for summary judgment are GRANTED IN PART and DENIED IN PART. Scottsdale is required to defend United against each of the Underlying Actions and cannot rely on the specific exclusions it cites to avoid its duty to defend. The cross-motions for summary judgment on Scottsdale's duty to indemnify are denied as premature. United's motion for summary judgment seeking reimbursement of fees it has incurred defending itself in this action is denied as premature. As such, the first, second, third, fourth, fifth, and seventh causes of action in the Amended Complaint are dismissed. This action is recommitted to the assigned Magistrate Judge for all further pre-trial proceedings on the remaining cause of action. Ordered by Judge Roslynn R. Mauskopf on 9/29/2015. (Mauskopf, Roslynn)
January 4, 2017
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MEMORANDUM AND OPINION: For the reasons set forth above, Scottsdales motion for reconsideration is denied. This matter is recommitted to the assigned magistrate judge for all further pre-trial proceedings on the remaining cause of action. Ordered by Judge Roslynn R. Mauskopf on 12/20/2016. (Taronji, Robert)