Banks Tower Communications, Ltd. v. Home Insurance

MEMORANDUM AND ORDER

BECHTLE, District Judge.

This suit began as one between an insured and its insurance company. The insurance company subsequently filed a third-party complaint against the City of Philadelphia seeking “contribution and/or indemnity” for the City’s alleged negligence in causing plaintiff’s injury. Presently before the court is the City’s motion to dismiss the third-party complaint. Since matters outside the pleadings have been considered, the motion shall be treated as one for summary judgment. As such, the motion will be granted in part and denied in part.

Plaintiff, Banks…