Philadelphia Electric Co. v. Nationwide Mutual Insurance

MEMORANDUM

KATZ, District Judge.

This is an action for declaratory judgment brought by the Philadelphia Electric Company (“PECO”) against the Nationwide Mutual Insurance Company (“Nationwide”) and The Davey Tree Expert Company (“Da-vey Tree”). PECO seeks a declaration that Nationwide and Davey Tree are contractually required to defend and indemnify PECO in a personal injury suit. For the reasons set forth below, the court now grants summary judgment in favor of PECO with regard to defendant Nationwide’s duty to defend and indemnify PECO in the underlying litigation.

BACKGROUND

In order to resolve…