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Westfield Ins. Co. v. Pugh

United States District Court, N.D. Illinois, Eastern Division

September 1, 2015

WESTFIELD INSURANCE COMPANY, Plaintiff,
v.
WILLIAM R. PUGH, ET AL., Defendants

          For Westfield Insurance Company, an Ohio Corporation, Plaintiff, Counter Defendant: Richard Thomas Valentino, LEAD ATTORNEY, SmithAmundsen LLC, Chicago, IL; Timothy Robert Lessman, SmithAmundsen LLC (Chgo), Chicago, IL.

         For William R. Pugh, Jean Pugh, Individually, and as Mother an Next Friend of William Christopher Pugh and Alexander Arthur Pugh, Alexander Arthur Pugh, a Minor, Defendants: Sean M Houlihan, LEAD ATTORNEY, Powers, Rogers & Smith, Chicago, IL; Charles Thomas Jacques, The Law Offices of Charles T. Jacques, P.C., Oakbrook Terrace, IL.

         For William Christopher Pugh, a Minor, Defendant: Charles Thomas Jacques, The Law Offices of Charles T. Jacques, P.C., Oakbrook Terrace, IL; Sean M Houlihan, Powers, Rogers & Smith, Chicago, IL.

         For Three Fires Council, Inc., Boy Scouts of America, an Illinois corporation, Defendants: Robert Marc Chemers, LEAD ATTORNEY, Pretzel & Stouffer, Chtd., Chicago, IL; Adrian Thomas Rohrer, Richard Mangieri Burgland, Pretzel & Stouffer Chartered, Chicago, IL; Charles Thomas Jacques, The Law Offices of Charles T. Jacques, P.C., Oakbrook Terrace, IL.

         For Boy Scouts of America, a District of Columbia corporation, Defendant: Robert Marc Chemers, LEAD ATTORNEY, Pretzel & Stouffer, Chtd., Chicago, IL; Adrian Thomas Rohrer, Pretzel & Stouffer, Chartered, Chicago, IL; Charles Thomas Jacques, The Law Offices of Charles T. Jacques, P.C., Oakbrook Terrace, IL.

         For Nalerville Presbyterian Church, an Illinois corporation, also known as, NPC Troop 8, Defendant, an Illinois corporation, Counter Claimant: Robert Marc Chemers, Pretzel & Stouffer, Chtd., Chicago, IL.

         For Old Republic Insurance Company, a Pennsylvania corporation, Defendant: Robert Marc Chemers, LEAD ATTORNEY, Pretzel & Stouffer, Chtd., Chicago, IL; Adrian Thomas Rohrer, Richard Mangieri Burgland, Pretzel & Stouffer Chartered, Chicago, IL.

         For Three Fires Council, Inc., Boy Scouts of America, an Illinois corporation, Three Fires Council, Inc., Boy Scouts of America, a District of Columbia corporation, Counter Claimants: Robert Marc Chemers, LEAD ATTORNEY, Pretzel & Stouffer, Chtd., Chicago, IL; Adrian Thomas Rohrer, Pretzel & Stouffer, Chartered, Chicago, IL; Charles Thomas Jacques, The Law Offices of Charles T. Jacques, P.C., Oakbrook Terrace, IL.

         For Jean Pugh, Individually, and as Mother an Next Friend of William Christopher Pugh, Jean Pugh, Individually, and as Mother an Next Friend of William Christopher Pugh and Alexander Arthur Pugh, Counter Defendants: Sean M Houlihan, LEAD ATTORNEY, Powers, Rogers & Smith, Chicago, IL; Charles Thomas Jacques, The Law Offices of Charles T. Jacques, P.C., Oakbrook Terrace, IL.

         For Westfield Insurance Company, an Ohio Corporation, Counter Defendant: Richard Thomas Valentino, LEAD ATTORNEY, SmithAmundsen LLC, Chicago, IL; Charles Thomas Jacques, The Law Offices of Charles T. Jacques, P.C., Oakbrook Terrace, IL.

         For Westfield Insurance Company, an Ohio Corporation, Counter Defendant: Richard Thomas Valentino, LEAD ATTORNEY, SmithAmundsen LLC, Chicago, IL; Charles Thomas Jacques, The Law Offices of Charles T. Jacques, P.C., Oakbrook Terrace, IL; Timothy Robert Lessman, SmithAmundsen LLC (Chgo), Chicago, IL.

         For Old Republic Insurance Company, a Pennsylvania corporation, Counter Claimant: Robert Marc Chemers, LEAD ATTORNEY, Pretzel & Stouffer, Chtd., Chicago, IL; Adrian Thomas Rohrer, Pretzel & Stouffer, Chartered, Chicago, IL.

Page 914

         OPINION AND ORDER

         William T. Hart, UNITED STATES DISTRICT JUDGE.

         Westfield Insurance Company (" Westfield" ) brings this declaratory judgment

Page 915

action for the purpose of resolving a dispute concerning its duty to defend and indemnify certain defendants under the terms of an automobile liability insurance policy (" the Policy" ) in an action initiated by defendant Jean Pugh on behalf of her minor sons in the Circuit Court of Cook County, Illinois. That action is premised on the negligence of Jean Pugh's husband, William R. Pugh, when his auto left the road and struck a concrete structure resulting in serious injuries. Westfield issued the Policy to defendant Three Fires Council, Inc. (" Three Fires" ).

         Westfield is an Ohio corporation with its principal place of business in Westfield Center, Ohio. Defendants/counter-plaintiffs in this action, who are defendants in the Illinois action, are as follows. Three Fires is an Illinois not-for-profit corporation that has its principal place of business in St. Charles, Illinois. Boy Scouts of America (" BSA" ) is a federally chartered corporation pursuant to 36 U.S.C. § 30901. BSA is a body corporate of the District of Columbia and maintains its principal place of business in Irving, Texas.[1] Naperville Presbyterian Church (" NPC" ) is an Illinois not-for-profit corporation, which maintains its principal place of business in Naperville, Illinois. NPC contends it is an insured under the Westfield Policy. Old Republic Insurance Company(" Old Republic" ) is a Pennsylvania corporation with its principal place of business in Pennsylvania. Republic issued a policy of insurance to BSA. Jean Pugh and William Pugh are Illinois residents.

         There is complete diversity of citizenship between the parties and the amount in controversy exceeds the sum of $75,000. This court has jurisdiction of the subject matter and the parties. 28 U.S.C. § § 1332(a)(1), 1391.

         The case is before the court on the parties' cross-motions for summary judgment. The parties agree that there are no factual issues which preclude a decision based on the documents submitted. Summary judgment pursuant to Fed.R.Civ.P. 56 is proper when the documents presented show that there is no genuine issue as to any material fact and a moving party is entitled ...


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