Opinion
No. 1:01CV00952
April 9, 2003
JUDGMENT
On August 7, 2002, the court in an opinion and order and judgment granted Plaintiff's motion for judgment on the pleadings on Counts One and Two of Plaintiff's complaint, determining that Defendants owed a duty to defend Plaintiff in connection with underlying lawsuits pending in the state courts. The court did not address whether Defendants had a duty to indemnify Plaintiff in the underlying actions.
The court is of the opinion that its order and judgment requiring the Defendants to defend the Plaintiff in the underlying actions involves a controlling question of law for which there may be substantial ground for differences of opinion, and that an immediate appeal from the order may materially advance the ultimate termination of the litigation. 28 U.S.C. § 1292 (b). The court also believes that its decision adjudicating fewer than all of the claims of the Plaintiff and the liabilities of the Defendants was entered as a final judgment as to those claims, as provided in Rule 54(b), Federal Rules of Civil Procedure. However, in order to clarify the court's judgment so that Defendants may seek, if they wish, review by the court of appeals,
IT IS ORDERED AND ADJUDGED that Plaintiff's motion for judgment on the pleadings [Doc. #7] is GRANTED as to Count One and Count Two of Plaintiff's complaint; and
IT IS ORDERED that Defendants provide a defense to the Plaintiff under its liability policies in connection with certain lawsuits currently pending in the state courts.