Opinion
Civil Action 20-cv-4306
02-18-2022
PECO ENERGY COMPANY, Plaintiff, v. NATIONWIDE MUTUAL INSURANCE CO. et al., Defendants.
ORDER
MITCHELL S. GOLDBERG, J.
AND NOW, this 18th day of February, 2022, upon consideration of Defendant's Motion for Judgment on the Pleadings (ECF No. 27), Plaintiff's response and cross-Motion for Summary Judgment (ECF No. 28), Defendant's reply (ECF No. 29), and Plaintiff's reply in support of its Motion (ECF No. 30), and for the reasons set forth in the accompanying memorandum opinion, it is hereby ORDERED that:
1. Defendant's Motion for Judgment on the Pleadings (ECF No. 27) is GRANTED in part and DENIED in part as follows: Defendant's Motion is GRANTED as to Plaintiff's bad faith claim (Count II) and DENIED in all other respects.
2. Plaintiff's Motion for Summary Judgment (ECF No. 28) is GRANTED.
3. JUDGMENT is entered in favor of Plaintiff and against Defendant Nationwide Mutual Insurance Company on Count I of Plaintiff's Complaint: it is hereby declared that Defendant Nationwide Mutual Insurance Company owed a duty to defend PECO as an additional insured with respect to the claims asserted against PECO in Dotson v. City of Philadelphia et al., November Term, 2018, No. 000176 (Ct. Com. Pl. Philadelphia).
4. JUDGMENT is entered in favor of Defendant Nationwide Mutual Insurance Company and against Plaintiff on Count II of Plaintiff's Complaint.
5. JUDGMENT is entered in favor of Plaintiff and against Defendant Nationwide Mutual Insurance Company on Count I of Defendant's counterclaims. Count II (respecting Plaintiff's alternative arguments for coverage) is now moot and is therefore DISIMISSED.
6. No claims are asserted by or against Defendant Lentzcaping, Inc., and Defendant Lentzcaping, Inc. is therefore DISMISSED.
7. The Clerk of Court shall mark this case CLOSED.