Legal Opinion

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

District Court, E.D. Pennsylvania

Decided April 19, 2001No. CIV.A. 00-CV-2932PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM

LUDWIG, District Judge.

In this declaratory judgment action, plaintiff Fireman’s Fund Insurance Com pany, as subrogee of Donald Miller and Buck Run Transport, Inc., moves for summary judgment 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 relevant facts are not in dispute. On November 13, 1992, plaintiffs subro-gor, Donald Miller, entered into a lease with Buck Run Transport, Inc. (BRT), an interstate petroleum products hauler licensed by the Interstate Commerce Commission. Cmplt. ex. C.…

2Cases cited21 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Empire Fire and Marine Insurance Company v. Guaranty National Insurance CompanyCourt of Appeals for the Tenth Circuit · 1989
  3. Fed. Carr. Cas. P 84,034 Prestige Casualty Company v. Michigan Mutual Insurance Company, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1996
  4. Charles Crissman Wendy Crissman Christine Crissman v. Dover Downs Entertainment Inc. Dover Downs, IncCourt of Appeals for the Third Circuit · 2001
  5. United States v. John WeedCourt of Appeals for the Seventh Circuit · 1982

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3Cited by2 opinions

  1. Fireman's Fund Insurance v. Empire Fire & Marine InsuranceDistrict Court, E.D. Pennsylvania · 2001
  2. Housing & Redevelopment Insurance Exchange v. Lycoming County Housing Authority, Pennsylvania Court of Common Pleas, Lackawanna County2001

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