Norfolk Southern Railway Co. v. National Union Fire Insurance

MEMORANDUM OPINION & ORDER

JOSEPH R. GOODWIN, District Judge.

Pending before the court are Norfolk Southern Railway Company’s Motion for Partial Summary Judgment [Docket 71] and Westchester Fire Insurance Company’s Cross-Motion for Partial Summary Judgment [Docket 76]. For the reasons stated below, Norfolk Southern Railway Company’s motion [Docket 71] is GRANT*909ED and Westchester Fire Insurance Company’s motion [Docket 76] is DENIED without prejudice with respect to Norfolk Southern’s bad faith claim and DENIED otherwise.

I. Factual & Procedural Background

The plaintiff, Norfolk Southern Railway…