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DOUGLAS v. DISCOVER PROPERTY & CAS. INS. CO.

No. 3:08cv1607.

810 F.Supp.2d 724 (2011)

Herman DOUGLAS and Cynthia R. Douglas, Plaintiffs v. DISCOVER PROPERTY & CASUALTY INSURANCE COMPANY; the Travelers Indemnity Company; the Travelers Indemnity Company of America; the Travelers Indemnity Company of Connecticut; Travelers Property and Casualty Company of America; the Charter Oak Fire Insurance Company; St. Paul Travelers Companies, Inc.; the St. Paul Travelers Companies, Inc.; the Travelers Companies, Inc.; Standard Fire Insurance Company of Connecticut; Travelers Insurance Group Holdings, Inc.; Travelers Property Casualty Corp.; and the Phoenix Insurance Company, Defendants.

United States District Court, M.D. Pennsylvania.

August 12, 2011.

Attorney(s) appearing for the Case

Eric L. Keepers, Howard G. Silverman, Kane & Silverman, P.C., Girard J. Mecadon, Pittston, PA, for Plaintiffs.

Bradley J. Vance, Robert J. Foster, Thomas J. Wehner, Reger & Rizzo & Darnall, Bryan M. Ferris, Bryan M. Ferris, Esquire, Philadelphia, PA, for Defendants.

MEMORANDUM

JAMES M. MUNLEY, District Judge.

Before the court for disposition are the parties' cross-motions for summary judgment. (Docs. 55, 58). Having been briefed, the motions are ripe for disposition.

BACKGROUND

Plaintiff Herman Douglas was injured in a car accident on August 21, 2005. (Joint Stip. of Facts ¶ 1 (Doc. 55-1)).1 Herman Douglas settled a claim with the third-party tortfeasor and...

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