Opinion
4:20-CV-01741
06-02-2021
REPUBLIC FRANKLIN INSURANCE COMPANY, Plaintiff, v. EBENSBURG INSURANCE AGENCY, KEYSTONE INSURERS GROUP, INC. and AMERICAN BUILDERS INSURANCE COMPANY, Defendants.
ORDER
MATTHEW W. BRANN UNITED STATES DISTRICT JUDGE
AND NOW, this 2nd day of June 2021, in accordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:
1. Ebensburg's and Keystone's motions to dismiss (Doc. 16; Doc. 27) are GRANTED.
2. Republic's claims relating to its duty to defend are DISMISSED with prejudice. Republic's claims relating to its duty to indemnify are DISMISSED without prejudice. Republic may amend its complaint no later than 60 days after the question of liability in the underlying suit has been resolved.