JAN DUBOIS, District Judge
AND NOW, this 25th day of May, 2004, upon consideration of all pending partial summary judgment motions and related submissions of the parties, for the reasons stated in the attached Memorandum, IT IS ORDERED AS FOLLOWS:
1. LBL Skysystems (U.S.A.), Inc.'s, Motion for Partial Summary Judgment on LBL Skysystems (U.S.A.), Inc.'s, Complaint and APG's Counterclaim (Document No. 78), is DENIED;
2. LBL Skysystems (U.S.A.), Inc.'s, Motion for Partial Summary Judgment Against Sentry Select Insurance Company is GRANTED IN PART and DENIED IN PART. The Motion for Summary Judgment is GRANTED as to Sentry Select's first affirmative defense (failure to state a claim upon which relief can be granted) and fourth affirmative defense (lack of subject matter jurisdiction). The Motion for Summary Judgment is DENIED in all other respects;
3. Defendant APG's Motion for Partial Summary Judgment Against LBL Skysystems (USA) Inc. (Docket No. 94) is GRANTED IN PART and DENIED IN PART. The Motion for Summary Judgment is GRANTED as to LBL's claims for damages for "lost settlement opportunity" in the amount of $8,960,378. The Motion for Summary Judgment is DENIED in all other respects; and
4. Defendant Sentry Select Insurance Company's Motion for Partial Summary Judgment Against Plaintiff LBL Skysystems (USA) Inc. Dismissing Plaintiff's Claims Against Defendants for Damages for "Lost Settlement Opportunity" (Docket No. 85) is GRANTED.