COMMERCIAL UNION INSURANCE COMPANY v. SEPCO CORPORATION

J. FOY GUIN, Senior District Judge

This cause comes before the court on the following motions:

1) April 18, 2003, motion of Sepco Corporation [hereinafter Sepco] to alter and amend its April 7, 2003, order and opinion by which it denied the motion for summary judgment filed by Sepco and granted the motion for summary judgment filed by First State Insurance Company [hereinafter First State];

2) May 8, 2003, motion of Sepco to strike First State's surreply memo;

3) July 9, 2003, motion by Sepco for partial summary judgment against Transportation Insurance Company and Continental Casualty [designated hereinafter as CNA]; and

4) July 9, 2003, motion by CNA for summary judgment against Sepco.

Having considered the motions, pleadings, submissions of counsel, and the applicable law the court HOLDS the following:

1) The April 18, 2003, motion of Sepco Corporation [hereinafter Sepco] to alter and amend its April 7, 2003, order and opinion by which it denied the motion for summary judgment filed by Sepco and granted the motion for summary judgment filed by First State Insurance Company [hereinafter First State] be and it hereby is DENIED.

2) The May 8, 2003, motion of Sepco to strike First State's surreply memo be and it hereby is DENIED.

3) The July 9, 2003, motion by Sepco for partial summary judgment against Transportation Insurance Company and Continental Casualty [designated hereinafter as CNA] be and it hereby is DENIED.

4) The July 9, 2003, motion by CNA for summary judgment against Sepco be and it hereby is GRANTED.

5) Any other outstanding motions not addressed by entry of this order are hereby DECLARED MOOT by the entry of this order.