Cel Sci Corporation (CVM)

[sinity]

Quotes taken from:

NAVIGATORS SPECIALTY INSURANCE COMPANY, Plaintiff

v.

PHARMANET DEVELOPMENT GROUP, INC. and INVENTIV HEALTH CLINICAL, LLC, f/k/a PHARMANET, LLC


Case 3:15-cv-06285-PGS-DEA - Document 92 - Filed 07/24/17

"THIS MATTER having been opened to the Court by Defendants/Third-Party Plaintiffs (collectively “PharmaNet”) motion to stay this insurance coverage action pending completion of underlying arbitration. (See D.L 84). PharmaNet asserts that the New Jersey law is clear that a determination of the duty to indemnify is dependent upon the factual findings and ultimate damages awarded in the underlying liability action. As such, PharmaNet moves to stay this coverage action pending resolution of the underlying arbitration, which is nearing the completion, in the interests of practicality, efficiency and judicial administration."

....."This Court has routinely granted stays of insurance coverage actions pending discovery and the outcome of the underlying liability case. The Third Circuit has laid out factors that district courts should consider when deciding whether to grant a Motion to stay. They include “(1) a general policy of restraint when the same issues are pending in a state court; (2) an inherent conflict of interest between an insurer’s duty to defend in a state court and its attempt to characterize that suit in federal court as falling within the scope of a policy exclusion; and (3) avoidance of duplicative litigation."....

...."Here, the Court finds that all of the factors weigh in the favor of staying this case until a final decision is entered in the Underlying Arbitration."....

straight from https://ecf.njd.uscourts.gov