ERIE INS. EXCHA. v. FIRST UNITED METHODIST CHURCH

Civil No. 3:09-CV-79-GCM.

690 F.Supp.2d 410 (2010)

ERIE INSURANCE EXCHANGE and Erie Insurance Co., Plaintiffs, v. FIRST UNITED METHODIST CHURCH of Morganton; First United Methodist Church Child Development Center & Preschool; The Marion District of the United Methodist Church, Inc.; Tammy McGailliard; Robert E. Roach, and C. Frank Goldsmith, Jr. as Guardian ad litem for Minor Plaintiffs BK, BD, and JB, Defendants.

United States District Court, W.D. North Carolina, Charlotte Division.

February 3, 2010.


Attorney(s) appearing for the Case

Elizabeth A. Martineau, Gray Tagtmeyer King, LLP, Charlotte, NC, for Plaintiffs.

David Neal Allen, Jason Robert Benton, Charlotte, NC, for Defendants.


ORDER

GRAHAM MULLEN, District Judge.

THIS MATTER is before the Court upon cross Motions for Summary Judgment. For the reasons set forth below, Defendants' Motions for Summary Judgment are DENIED, and the Plaintiffs' Motion for Summary Judgment is GRANTED.

I. BACKGROUND

Plaintiffs, an insurance company, file this action for declaratory judgment claiming that they have no duty to defend or indemnify Defendants,...

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