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ROYAL INDEM. CO. v. SECURITY GUARDS, INC.

Civil Action No. 01-4013.

255 F.Supp.2d 497 (2003)

ROYAL INDEMNITY COMPANY a/s/o Dana Corporation, Plaintiff, v. SECURITY GUARDS, INC., Defendant.

United States District Court, E.D. Pennsylvania.

April 4, 2003.

Attorney(s) appearing for the Case

Kevin J. O'Brien, Marks, O'Neill, Reilly and O'Brien, Timothy D. Rau, Marks, O'Neill, O'Brien & Courtney, P.C. Philadelphia, PA, Jeffrey Crawford, Phillip Silverberg, Kevin Buckley, Mound, Cotton, Wollan & Greengrass, Leonard Sheft, Mound Cotton Wollan & Greengrass, New York City, for Plaintiff.

David R. Strawbridge, Cozen & O'Connor Philadelphia, PA, David A. Parker, Parker, McCay & Criscuolo, P.A., P.C, Dean J. Buono, Parker McCay & Criscuolo, Marlton, NJ, Thomas M. Regan, Cozen O'Connor, Philadelphia, PA, for Defendant.

MEMORANDUM

BAYLSON, District Judge.

This subrogation action requires the Court to construe a limitation of liability clause. In doing so, the Court must address any differences between negligence and gross negligence under Pennsylvania law. The underlying facts concern a fire that occurred at an industrial facility operated by Dana Corporation, a truck frame manufacturer. Dana's insurer, plaintiff Royal Indemnity Company, paid Dana more than $16.5...

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