Prudential Property & Casualty Co. v. Erie Insurance

MEMORANDUM

NEWCOMER, District Judge.

I have before me in this action a motion by plaintiff for summary judgment. The motion was submitted on a stipulated set of facts. The summary judgment motion and the case essentially raise one issue: whether defendant properly disclaimed coverage for a permissive driver under a policy of insurance based on the driver’s refusal to cooperate in the preparation of the defense and the arbitration of the case against him. For the reasons discussed below, plaintiff’s motion will be denied. Because there are no factual issues which remain to be decided, I will…