FIDELITY & GUAR. INS. v. AMERICAN BLDGS. CO.

No. 3:CV-95-129.

14 F.Supp.2d 704 (1998)

FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC., Plaintiff, v. AMERICAN BUILDINGS COMPANY, INC., Third-Party Plaintiff, v. JOSEPH BANKS CONSTRUCTION CO. INC. and David C. Strach and Patrick Capitano, individually and d/b/a Strach Associates, Defendants. v. John J. PASSAN, Gail Desciose and Richard J. Passan, Co-Partners of Laughlin Partners, Valley Distributing and Storage Company, Inc., G.M. Clum, Inc., and United Structures, Inc., Third-Party Defendants. TECHNEGLAS, INC., Plaintiff, v. JOSEPH BANKS CONSTRUCTION CO. INC., American Buildings Company, David C. Strach and Patrick Capitano, individually and d/b/a Strach Associates, Defendants. v. John J. PASSAN, Gail Desciose and Richard J. Passan, Co-Partners of Laughlin Partners, Valley Distributing and Storage Company, Inc., G.M. Clum, Inc., and United Structures, Inc., Third-Party Defendants. SONOCO PRODUCTS COMPANY, Plaintiff, v. JOSEPH BANKS CONSTRUCTION CO. INC. and American Buildings Company, Third-Party Plaintiffs, v. David C. STRACH and Patrick P. Capitano, Individually and d/b/a Strach Associates, Defendants, v. John J. PASSAN, Gail Desciose and Richard J. Passan, Co-Partners of Laughlin Partners, Valley Distributing and Storage Company, Inc., G.M. Clum, Inc., and United Structures, Inc., Third-Party Defendants.

United States District Court, M.D. Pennsylvania.

July 23, 1998.


Attorney(s) appearing for the Case

Hecker, Brown, Sherry & Johnson, Philadelphia, PA, for Technaglas, Inc.

Scanlon, Howley, Scanlon & Doherty, Scranton, PA, for Joseph Banks Constr.

Bennett, Bricklin & Saltzburg, Philadelphia, PA, for American Building.


MEMORANDUM

VANASKIE, District Judge.

On August 25, 1997, defendant American Buildings Company (ABC) filed a motion for summary judgment against plaintiff Techneglas, Inc., asserting that Home Insurance Company (Home), the insurer subrogee of Techneglas' interest, was barred from litigating a subrogation claim against ABC because Home also insured ABC under a commercial umbrella policy in the amount of $25,000,000. (Dkt. Entry 142.) Because an insurer may...

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