Opinion
Civil Action 21-2338
03-14-2022
AIX SPECIALTY INSURANCE COMPANY v. AMERICAN LEGION DEPARTMENT OF PENNSYLVANIA, et al.
ORDER
KEARNEY, J.
AND NOW, this 14th day of March 2022, upon considering Plaintiffs and Defendant's cross-Motions for summary judgment (ECF Doc. Nos. 42, 43), Oppositions (ECF Doc. Nos. 48, 49), and for reasons in the accompanying Memorandum describing our findings as a matter of law as to coverage but finding genuine issues of material fact as to Plaintiffs reformation and rescission claims, it is ORDERED:
1. Plaintiff s Motion for summary judgment (ECF Doc. No. 43) is DENIED; and, 2. Defendant's Motion for summary judgment (ECF Doc. No. 42) is GRANTED in part and DENIED in part:
a. We grant summary judgment dismissing counts three through eight of the Complaint (ECF Doc. No. 1) as the policy provides a duty to defend in the ongoing state court litigation and Plaintiff did not meet its burden of demonstrating an applicable exclusion; but, b. We deny summary judgment on counts one and two as there are genuine issues of material fact concerning Plaintiffs claims of reformation and rescission necessary to be resolved after evaluating the credibility of trial witnesses.