Fireman's Fund Insurance v. Empire Fire & Marine Insurance

MEMORANDUM

LUDWIG, District Judge.

Plaintiff Fireman’s Fund Insurance Company, as subrogee of Donald Miller and Buck Run Transport, Inc., moves for summary judgment against defendant Empire Fire & Marine Insurance Company on the issue of liability. Fed.R.Civ.P. 56. 1 Jurisdiction is diversity, 28 U.S.C. § 1332, and Pennsylvania law governs substantive issues. The motion will be granted in part and denied in part.

The facts in this declaratory judgment action are set forth in Fireman’s Fund Ins. Co. v. Empire Fire & Marine Ins. Co., 152 F.Supp.2d 687, 688 (E.D.2001). There it was determined that…