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United States District Court for the Western District of Pennsylvania
November 9, 2020, Decided; November 9, 2020, Filed
Robert J. Colville, United States District Judge
Before the Court is the Motion for Partial Summary Judgment on the Duty to Defend (ECF No. 75) filed by Plaintiffs Giant Eagle, Inc. and HBC Service Company (collectively, "Giant Eagle"). In this declaratory judgment action, Giant Eagle seeks a declaration that Defendants American Guarantee and Liability Insurance Company ("AGLIC") and XL Specialty Insurance Company ("XL") owe Giant Eagle a duty to defend and coverage with respect to multiple lawsuits pending against Giant Eagle in the action captioned In re Nat'l Prescription Opiate Litig., No. 2804 (N. D. Ohio) ("Opioid MDL"). Compl. ¶¶ 1-2, ECF No. 46. The Opioid MDL plaintiffs seek to recover damages from Giant Eagle for harm allegedly caused by Giant Eagle's distribution and sale of prescription opioids. Id. Giant Eagle avers that, to date, AGLIC has "denied coverage and refused outright to defend or indemnify Giant Eagle" in the underlying lawsuits, and that "XL, after simply ignoring Giant Eagle's multiple requests for a defense for six months, issued a reservation of rights without assuming a defense." [*5] Id. at ¶ 2.
In its Motion, Giant Eagle seeks partial summary judgment declaring that AGLIC and XL have a duty to defend Giant Eagle in four cases (the "underlying lawsuits")1 that have been transferred to the Opioid MDL. Br. in Supp. 1, ECF No. 76. AGLIC and XL collectively oppose Giant Eagle's Motion for Partial Summary Judgment, and Third-Party Defendant Old Republic Insurance Company ("Old Republic"), against whom AGLIC and XL have each filed a Third-Party Complaint (ECF Nos. 41 and 43), also opposes Giant Eagle's Motion. This Court has jurisdiction in this matter pursuant to 28 U.S.C. § 1332 and 28 U.S.C. § 1367. Giant Eagle's Motion has been fully briefed, and is ripe for disposition.
I. Factual Background & Procedural History
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2020 U.S. Dist. LEXIS 208951 *
GIANT EAGLE, INC. and HBC SERVICE COMPANY, Plaintiffs, vs. AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY and XL SPECIALTY INSURANCE COMPANY, Defendants.AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY, Third-Party Plaintiff, vs. OLD REPUBLIC INSURANCE COMPANY, Third-Party Defendant.XL SPECIALTY INSURANCE COMPANY, Third-Party Plaintiff, vs. OLD REPUBLIC INSURANCE COMPANY, Third-Party Defendant.
insured, duty to defend, underlying lawsuit, Policies, bodily injury, opioids, lawsuits, coverage, complaints, defense costs, Supplementary, exhausted, expenses, damages, deductible, occurrence, seek damages, triggered, limits, underlying insurance, retention, discovery, allegations, partial summary judgment, asserts, loss adjustment, settlement, allocated, duty to indemnify, insurance policy