ALLIANCE OF NONPROFITS FOR INSURANCE, RISK RETENTION GROUP v. LM GENERAL INSURANCE COMPANY

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ALLIANCE OF NONPROFITS FOR : INSURANCE, RISK RETENTION GROUP, : Plaintiff, : : v. : CIVIL NO. 23-00215 : LM GENERAL INSURANCE : COMPANY, : Defendant. :

ORDER AND NOW, this 5th day of April 2024, upon consideration of Plaintiff Alliance of Nonprofits for Insurance, Risk Retention Group’s Motion for Judgment on the Pleadings (ECF No. 17), along with the corresponding Response (ECF No. 22), and Reply (ECF No. 24), and Defendant LM General Insurance Company’s Motion for Judgment on the Pleadings (ECF No. 19), along with the corresponding Response (ECF No. 21), and Reply (ECF No. 23), it is hereby ORDERED that for the reasons stated in the accompanying Memorandum: 1. Plaintiff’s Motion for Judgment on the Pleadings (ECF No. 17) is GRANTED to the extent it seeks a declaration that the relevant policies are mutually repugnant and that the insurers owe coverage on an equal shares basis as described in American Casualty Company of Reading v. PHICO Insurance Company, 702 A.2d 1050 (Pa. 1997). Plaintiff’s Motion (ECF No. 17) is DENIED in all other respects. 2. Defendant’s Motion for Judgment on the Pleadings (ECF No. 19) is DENIED in its entirety. 3. The Clerk of Court is directed to CLOSE this case.

BY THE COURT:

[SIAL N. SCOTT HON. KAIN. SCOTT United States District Court Judge