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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

WHITMOYER FORD, INC. and WHITMOYER BUICK CHEVROLET, INC. Plaintiffs vs. REPUBLIC FRANKLIN INSURANCE COMPANY Defendant

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CIVIL ACTION

NO. 09-CV-03475

MEMORANDUM OPINION AND ORDER GOLDEN, J. I. Introduction Before the Court are the parties' cross-motions for summary judgment in this declaratory judgment action. Plaintiffs, a family of auto dealerships in Lancaster County, seek a declaratory judgment that the Defendant insurance company owes them an additional payment toward a loss suffered in 2009, as well as compensatory and punitive damages for bad faith. Defendant, a New York-based insurance company, seeks a declaratory judgment that it has satisfied its obligations under the insurance policy. Because the Court concludes that the insurance company properly applied the co-insurance provision of a clear and unambiguous policy in determining the amount of money owed to Plaintiffs following their losses, it grants summary judgment in favor of the insurance company. II. Factual Background The material facts of this case are not in dispute. Plaintiffs purchased a commercial insurance policy from Defendants, which took effect on March 19, 2009. (Pl.'s Statement of Undisputed Facts April 1, 2010



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