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Insurance | New York Southern
Order
CLERK'S JUDGMENT re: 155 Memo Endorsement, 151 Order Adopting Report and Recommendations. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memo Endorsed dated October 16, 2024, and the Courts Opi nion and Order dated September 16, 2024, Judge Aaron's Report and Recommendation is ADOPTED in its entirety. The Court enters a declaration that Burlington (1) has no duty to defend and/or indemnify PCGNY and/or Skyline under its Policies in con nection with the claims in the Underlying Action, (2) is permitted to withdraw from the defense it is currently providing PCGNY in the Underlying Action under one of its policies, and (3) has no duty to reimburse Affiliated for the sums incurred by i t in connection with the Underlying Action. Burlington's motion for summary judgment declaring that it is entitled to reimbursement of all costs expended in providing a defense to PCGNY in the Underlying Action is DENIED without prejudice. The C ourt also GRANTS AESLIC and Navigators' motion for summary judgment and dismisses all claims against them. Finally, the Court DENIES Affiliated's motion. Accordingly, the case is closed. (Signed by Clerk of Court - Acting Daniel Ortiz on 10/17/2024) (Attachments: # 1 Appeal Package) (tp)
Memo Endorsement
MEMO ENDORSEMENT on re: 152 Status Report filed by Navigators Insurance Company ENDORSEMENT: The Clerk of Court is directed to issue a judgment consistent with ECF No. 151 and to close this case. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 10/16/2024) (ks) Transmission to Orders and Judgments Clerk for processing.
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