Coregis Insurance v. Camico Mutual Insurance

ORDER RE: (1) CAMICO’S MOTION FOR PARTIAL SUMMARY

(2) COREGIS’S MOTION FOR SUMMARY JUDGMENT .

Camico’s motion for partial summary judgment and Coregis’s motion for summary judgment came on regularly for hearing before this Court on February 10, 1997. After reviewing the materials submitted by the parties, argument of counsel, and the case file, it is hereby ORDERED that Camico’s motion for partial summary judgment is DENIED and Coregis’s motion for summary judgment is GRANTED.

I. Background

A. Procedural Background

Plaintiff COREGIS INSURANCE COMPANY (“Coregis”) filed a Complaint against Defendants CAMICO MUTUAL INSURANCE COMPANY (“Camieo”) and UR-BACH, KAHN & WERLIN, P.C. (“UKW”) for declaratory relief on April 16, 1996. Co-regis seeks a judicial determination that it is not liable to Camieo for amounts Camieo expended in defending and settling the claims asserted in a now dismissed action entitled Gindi v. London under a policy of Accountants’ Professional Liability Insurance Policy issued by Mt. Airy Insurance Company (“Mt.Airy”) (a predecessor to Coregis) to the accounting firm of UKW. Coregis seeks a judicial declaration that Camieo was and is the only insurance carrier…