Free Order on Motion to Dismiss - District Court of Delaware - Delaware

Case 1:05-cv—00035-Gl\/IS Document 34 Filed 03/31/2006 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BADALAMENT, INC. )
)
Plaintiff )
I
v. ) Civil Action No. 05-35 GMS
)
DAYSTAR SILLS, INC. )
)
Defendant. )
ORDER
WHEREAS, on September I, 2005, third—party defendant Westfield Insurance Group
("Westlield") tiled a motion to dismiss a breach of contract claim brought against it by third-party
pIaintiffNucor Building Systems ("Nucor"), alleging that Nucor does not have standing because it
was not a party to the insurance policy issued by a predecessor of Westtield to defendant Daystar
Sills, Inc. ("Daystar");
WHEREAS, in response, Nucor produced a contract between itself and Daystar in which
Daystar agreed to indemnify and hold harmless Nucor from claims arising out of their business
relationship;
WHEREAS the insurance policy contains a provision explicitly extending its coverage to
parties for whom the insured has assumed liability, and
WHEREAS Westfield has not tiled a reply, or otherwise contested l\lucor’s interpretation of
those contractual provisions.
IT IS HEREBY ORDERED THAT:
Westiield’s motion to dismiss (D.I. 20) be DENIED.
Dated; March , 2006 ·
UN] DSTATES DIST ICT JUD
F I L E D I
DISITRICT OF D