Legal Opinion

Charter Oak Insurance v. Maglio Fresh Food

District Court, E.D. Pennsylvania

Decided September 9, 2014No. Civil Case No. 12-3967PublishedCited by 3 opinions

1Opinion of the Court

*463 MEMORANDUM RE CONCLUSIONS OF LAW AND VERDICT

BAYLSON, District Judge.

I. Introduction

This complex insurance dispute involves claims between Maglio Fresh Food (“Mag-lio”) and its insurers, Charter Oak Insurance Company (“Charter Oak”), the primary insurer, and American Guarantee Liability and Insurance Company (“American Guarantee”), the excess insurer.1

Upon agreement of the parties, this Court first decided the issue of the insurers’ duty to indemnify Maglio for damages resulting from two distinct claims and two adverse jury verdicts in the underlying action brought by Maglio’s competitor,…

2Cases cited24 opinions

  1. Terletsky v. Prudential Property & Casualty InsuranceSuperior Court of Pennsylvania · 1994
  2. Toy v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 2007
  3. Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriter's at Lloyd's of London. Certain Underwriters at Lloyd's, London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies", ( Pursuant to Rule 12(a), f.r.a.p.) in No. 95-3432. Koppers Company, Inc. v. The Aetna Casualty and Surety Company Zurich Insurance Company the Travelers Indemnity Co. The American Home Assurance Company Commercial Union Insurance Company the Home Insurance Company Underwriters's at Lloyd's of London Certain Insurance Companies in the London Market, Referred to in This Action as "Jackson and Companies." ( Pursuant to Rule 12(a), f.r.a.p.) Koppers Company, Inc., in No. 95-3461Court of Appeals for the Third Circuit · 1996
  4. The Northwestern Mutual Life Insurance Co. v. Kathleen L. Babayan Kathleen Babayan v. The Northwestern Mutual Life Insurance Company Joseph M. Savino, General Agent Northwestern Mutual Financial Network A/K/A and D/B/A the Savino Financial Group Thomas Gallina Kathleen L. BabayanCourt of Appeals for the Third Circuit · 2005
  5. Cowden v. Aetna Casualty & Surety Co.Supreme Court of Pennsylvania · 1957

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3Cited by3 opinions

  1. IRONSHORE SPECIALTY INSURANCE COMPANY v. CONEMAUGH HEALTH SYSTEM, INC.District Court, W.D. Pennsylvania · 2022
  2. Interlachen Properties, LLC v. State Auto Insurance Co.District Court, D. Minnesota · 2017
  3. Kaiser Gypsum Company, Inc.United States Bankruptcy Court, W.D. North Carolina · 2020

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