St. Paul Guardian Ins. Co. v. Leopold, 111815 FED2, 14-4519-cv

Docket Nº:14-4519-cv
Party Name:ST. PAUL GUARDIAN INS. CO., ST. PAUL FIRE & MARINE INS. CO., Plaintiffs-Counter-Defendants-Appellees, v. JONATHAN LEOPOLD, Defendant-Counter-Claimant-Appellant.
Attorney:FOR APPELLANT: Robert A. Gensburg, Gensburg, Atwell & Greaves, St. Johnsbury, VT. FOR APPELLEE: Robert M. Vinci, Drinker Biddle & Reath LLP, Florham Park, NJ; Frederick P. Marczyk, Drinker Biddle & Reath LLP, Philadelphia, PA; Thomas E. McCormick, McCormick, Fitzpatrick, Kasper, Burchard, P.C., B...
Judge Panel:PRESENT: DENNIS JACOBS, PIERRE N. LEVAL, GERARD E. LYNCH, Circuit Judges.
Case Date:November 18, 2015
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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ST. PAUL GUARDIAN INS. CO., ST. PAUL FIRE & MARINE INS. CO., Plaintiffs-Counter-Defendants-Appellees,

v.

JONATHAN LEOPOLD, Defendant-Counter-Claimant-Appellant.

No. 14-4519-cv

United States Court of Appeals, Second Circuit

November 18, 2015

UNPUBLISHED OPINION

SUMMARY ORDER

Rulings by summary order do not have precedential effect. Citation to a summary order filed on or after January 1, 2007, is permitted and is governed by Federal Rule of Appellate Procedure 32.1 and this court's Local Rule 32.1.1. When citing a summary order in a document filed with this court, a party must cite either the Federal Appendix or an electronic database (with the notation "summary order"). A party citing a summary order must serve a copy of it on any party not represented by counsel.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 18th day of November, two thousand fifteen.

Appeal from a judgment of the United States District Court for the District of Vermont (Crawford, J.).

FOR APPELLANT: Robert A. Gensburg, Gensburg, Atwell & Greaves, St. Johnsbury, VT.

FOR APPELLEE: Robert M. Vinci, Drinker Biddle & Reath LLP, Florham Park, NJ; Frederick P. Marczyk, Drinker Biddle & Reath LLP, Philadelphia, PA; Thomas E. McCormick, McCormick, Fitzpatrick, Kasper, Burchard, P.C., Burlington, VT.

PRESENT: DENNIS JACOBS, PIERRE N. LEVAL, GERARD E. LYNCH, Circuit Judges.

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be

Jonathan Leopold appeals from a judgment of the United States District Court for the District of Vermont (Crawford, J.) granting judgment on the pleadings to St. Paul Guardian Insurance Co. ("St. Paul") and dismissing Leopold's counterclaims. We assume the parties' familiarity with the underlying facts, the procedural history, and the issues presented for review.

In this insurance coverage dispute, St. Paul issued a policy to the City of Burlington that afforded, inter alia, primary and excess public entity management liability ("PEML") coverage. The PEML coverage provides that St. Paul will pay whatever amount any "protected person" is legally required to pay as damages for a "covered loss, " and will defend a "protected person" against a suit...

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