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Western World Insurance Co. v. Home Services of Camden

October 18, 2007

WESTERN WORLD INSURANCE COMPANY PLAINTIFF
v.
HOME SERVICES OF CAMDEN, INC.; FRED BRADSHAW; THOMAS J. STARK; MIHAELA A. STARK DEFENDANTS



The opinion of the court was delivered by: Garnett Thomas Eisele United States District Judge

ORDER

Presently before the Court are Plaintiff's Motion for Default Judgment and Plaintiff's Motion for Summary Judgment.

I. Background

On or about June 18, 2004, Defendant Home Services of Camden, Inc. ("HSI") purchased Commercial Lines Policy No. NPP892228 (the "Policy") from Western World. The Policy was issued to HSI for the policy period June 18, 2004 to June 18, 2005. The Policy includes a Commercial General Liability Coverage Form which state that Western World "will pay those sums that [HSI] becomes legally obligated to pay as damages because of 'bodily injury' or 'property damage' to which this insurance applies. [Western World] will have the right and duty to defend the insured against any 'suit' seeking those damages. However, [Western World] will have no duty to defend the insured against any 'suit' seeking damages for 'bodily injury' or 'property damage' to which this insurance does not apply."

The Policy also provides for several conditions, including the following:

a. [HSI] must see to it that [Western World is] notified as soon as practicable of an "occurrence" or an offense which may result in a claim. . . .

b. If a claim is made or "suit" is brought against any insured, [HSI] must:

(1) Immediately record the specifics of the claim or "suit" and the date received; and

(2) Notify [Western World] as soon as practicable. [HSI] must see to it that [Western World] receive[s] written notice of the claim or "suit" as soon as practicable.

c. [HSI] and any other involved insured must:

(1) Immediately send [Western World] copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; . . .

No person or organization has a right under this Coverage Part:

a. To join [Western World] as a party or otherwise bring [Western World] into a "suit" asking for ...


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