From Casetext: Smarter Legal Research

Westchester Fire Insurance Company v. Treesdale, Inc.

United States District Court, W.D. Pennsylvania
May 1, 2008
2:05cv1523, Electronic Filing (W.D. Pa. May. 1, 2008)

Summary

applying the standard in Trustees in determining whether there was prejudice from late notice

Summary of this case from NVR, Inc. v. Motorists Mut. Ins. Co.

Opinion

2:05cv1523, Electronic Filing.

May 1, 2008


MEMORANDUM ORDER


AND NOW, this 1st day of May, 2008, after the Plaintiffs filed an action in the above-captioned case, and after Plaintiffs filed a Motion for Summary Judgment [Document No. 34], and after a Report and Recommendation [Document No. 55] was filed by the United States Magistrate Judge giving the parties until April 14, 2008 to file written objections thereto, and objections having been filed by Plaintiffs and a response to objections having been filed by Defendants, and upon independent review of the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,

IT IS HEREBY ORDERED that the Motion for Summary Judgment submitted on behalf of Plaintiffs [Document No. 34] is DENIED.


Summaries of

Westchester Fire Insurance Company v. Treesdale, Inc.

United States District Court, W.D. Pennsylvania
May 1, 2008
2:05cv1523, Electronic Filing (W.D. Pa. May. 1, 2008)

applying the standard in Trustees in determining whether there was prejudice from late notice

Summary of this case from NVR, Inc. v. Motorists Mut. Ins. Co.

refusing to infer prejudice as a matter of law where insurer only showed untimely notice

Summary of this case from Brethren Mutual Insurance Co. v. Velez
Case details for

Westchester Fire Insurance Company v. Treesdale, Inc.

Case Details

Full title:WESTCHESTER FIRE INSURANCE COMPANY; NORTH RIVER INSURANCE COMPANY…

Court:United States District Court, W.D. Pennsylvania

Date published: May 1, 2008

Citations

2:05cv1523, Electronic Filing (W.D. Pa. May. 1, 2008)

Citing Cases

NVR, Inc. v. Motorists Mut. Ins. Co.

In other words, an insurer must be able to "demonstrate that earlier notice would probably have led to a more…

Colon v. Smithkline Beecham Corporation

In light of Pennsylvania law providing for suits against dissolved Pennsylvania corporations, it is not the…