CNH Indus. Am. LLC v. Am. Cas. Co.

Full title: CNH INDUSTRIAL AMERICA LLC Plaintiff, v. AMERICAN CASUALTY COMPANY OF…

Court: SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

Date published: May 15, 2015

C.A. No. N12C-07-108 EMD CCLD (Del. Super. Ct. May. 15, 2015)

Opinion

C.A. No. N12C-07-108 EMD CCLD

05-15-2015

CNH INDUSTRIAL AMERICA LLC Plaintiff, v. AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, et al., Defendants.

Neal J. Levitsky, Esquire, and Seth A. Niederman, Esquire, Fox Rothschild LLP, Wilmington, Delaware and Richard L. McConnell, Esquire, and Dale E. Hausman, Esquire, Wiley Rein LLP, Washington, DC Attorneys for The Travelers Indemnity Company. Brian M. Rostocki, Esquire, and John C. Cordrey, Esquire, Reed Smith LLP, Wilmington, Delaware Attorneys for CNH Industrial America LLC.

DAVIS, J.

Upon Consideration of the Defendant The Travelers Indemnity Company's Motion to Strike Affidavits Filed In Support of Plaintiff CNH's Motion For Partial Summary Judgment Against Travelers Seeking Payment of Defense Costs and Statutory Interest
DENIED
Neal J. Levitsky, Esquire, and Seth A. Niederman, Esquire, Fox Rothschild LLP, Wilmington, Delaware and Richard L. McConnell, Esquire, and Dale E. Hausman, Esquire, Wiley Rein LLP, Washington, DC Attorneys for The Travelers Indemnity Company. Brian M. Rostocki, Esquire, and John C. Cordrey, Esquire, Reed Smith LLP, Wilmington, Delaware Attorneys for CNH Industrial America LLC. DAVIS, J.

This 15^th date of May, 2015, upon consideration of the Defendant The Travelers Indemnity Company's Motion to Strike Affidavits Filed In Support of Plaintiff CNH's Motion For Partial Summary Judgment Against Travelers Seeking Payment of Defense Costs and Statutory Interest (the "Motion"); and Plaintiff's Response in Opposition to Travelers' Motion to Strike Affidavits Filed in Support of Plaintiff's Motion for Partial Summary Judgment, the Court finds as follows:

1. CNH Industrial America LLC ("CNH") contends that the Supporting Affidavits attached to its Motion For Partial Summary Judgment Against Travelers Seeking Payment of Defense Costs and Statutory Interest are not offered to prove the truth of the matters asserted, but merely to summarize the affiant' review and analysis. As such, the Court will only consider the Supporting Affidavits for this purpose.

2. The Court does not find that paragraphs 3, 4 and 5 in Exhibits A, B and C to the Motion constitute impermissible legal opinions.

For the foregoing reasons the Motion is DENIED.

IT IS SO ORDERED.

/s/_________

Eric M. Davis

Judge