Travelers Indem. Co. of Conn. v. Walker & Zanger, Inc.

ORDER RE: WALKER & ZANGER’S MOTIONS (1) TO DISMISS OR STAY, AND (2) FOR PARTIAL SUMMARY JUDGMENT; TRAVELERS’ MOTION FOR PARTIAL SUMMARY JUDGMENT; WALKER & ZANGER’S REQUEST UNDER FRCP 56(f)

On January 22, 2002, this matter came on regularly for a hearing on Plaintiff Travelers Indemnity Company of Connecticut’s (“Travelers”) motion for partial summary judgment, Defendant Walker & Zan-ger, Inc.’s (‘Walker & Zanger”) motion to dismiss or stay, and cross-motion for partial summary judgment. Thomas Holden of Morison-Knox Holden Melendez & Prough LLP appeared for the Plaintiff. Daniel Herling and Stephen Sutro of Duane Morris LLP appeared for the Defendant. At the hearing, the Court denied Walker & Zanger’s motion to dismiss, and struck Walker & Zanger’s cross-motion for partial summary judgment on the grounds it did not comply with the Civil Local Rules. The Court took under submission Walker & Zanger’s motion to stay and Travelers’ motion for partial summary judgment, and ordered the parties to submit supplemental briefs. The motions are now ripe for adjudication.

FACTUAL BACKGROUND

Travelers issued to Walker & Zanger a commercial general liability insurance contract No.…