ASPEN SPECIALITY INSURANCE COMPANY v. HOSPITALITY SUPPORTIVE SYSTEMS, LLC

FOR THE EASTERN DISTRICT OF PENNSYLVANIA ASPEN SPECIALTY INSURANCE CIVIL ACTION COMPANY, Plaintiff, v. NO. 16-1133 HOSPITALITY SUPPORTIVE SYSTEMS, LLC, EDWARD E. SNOW, THE CARMAN CORPORATION, SELECTIVE RISK MANAGEMENT, LLC, SELECTIVE LAW GROUP, LLC, JOHN W. CONNELLY, JR., CHARLES M. O’DONNELL, ESQ., McGRIFF SIEBELS & WILLIAMS, INC., INSERVCO INSURANCE SERVICES, INC., TRIGEN INSURANCE SOLUTIONS, INC., TRIGEN HOSPITALITY GROUP, INC., PATRIOT UNDERWRITERS, INC., PATRIOT NATIONAL, INC., ABC CORPORATIONS 1-25, CHICKIE’S AND PETE’S, INC., 4010, INC., PACKER CAFÉ, INC., trading as “CHICKIE’S & PETE’S,” 4010, LLC POQUESSING MANAGEMENT, LLC POQUESSING PROFESSIONAL BUILDING, LLC, CPC INTERNATIONAL, LLC, trading as “ PHILADELPHIA’S FAMOUS C&P,” WRIGHT FOOD SERVICES, LLC, CPC BUCKS, LLC, AUDUBON CPC, LLC, WARRINGTON CPC, LLC DREXEL HILL CPC, LLC, VENUE FOOD SERVICES, LLC CRABCO PA GP LLC, CRABCO REALTY NJ, LLC, CRABCO NJ, LLC, trading as “ CHICKIE’S AND PETE’S,” EHT CRABCO NJ, LLC, trading as “CHICKIE’S AND PETE’S,” WW-CPC, LLC, CRABCO ENTERPRISES, LLC CPC PROPERTIES, INC., CRABCO ENTERPRISES PA LP, PALMER SOCIAL CLUB, INC., and RAVEL HOTEL, LLC, trading as “PENTHOUSE 808” Defendants.

HOSPITALITY SUPPORTIVE SYSTEMS, LLC, Plaintiff, v. ASPEN SPECIALTY INSURANCE COMPANY, Defendant.

BALIS FAMILY RESTAURANT CORP., and ADELPHIA DEPTFORD, INC., collectively trading as “ADELPHIA RESTAURANT,” Plaintiffs, v. HOSPITALITY SUPPORTIVE SYSTEMS, LLC, EDWARD SNOW, JOHN W. CONNELLY, JR., SELECTIVE RISK MANAGEMENT, LLC, SELECTIVE LAW GROUP, LLC, CHARLES M. O’DONNELL, ANTHONY DiiENNO, ASPEN SPECIALTY INSURANCE COMPANY, and AMTRUST INTERNATIONAL UNDERWRITERS, LTD., Defendants.

SYSTEMS, LLC, SELECTIVE RISK MANAGEMENT LLC, EDWARD SNOW, CHARLES M. O’DONNELL, JOHN CONNELLY and ANTHONY DiIENNO.

Plaintiffs, NO. 18-3777 v. AIG SPECIALTY INSURANCE COMPANY, HUB INTERNATIONAL MIDWEST LIMITED and MARSH & McLENNAN COMPANIES, INC., Defendants.

O R D E R AND NOW, this 7th day of July, 2021, upon consideration of the Report and Recommendation of Special Master Thomas J. Rueter dated May 27, 2021 (Document No. 276, filed May 27, 2021), Objections of Aspen Specialty Insurance Company to the May 27, 2021 Report and Recommendation Regarding Certain Privilege Claims (Document No. 279, filed June 10, 2021), and Memorandum of HSS, Snow, Carman, SLG and SRM in Opposition to Aspen’s Objections to the May 27, 2021 Report and Recommendation (Document No. 286, filed June 18, 2021), IT IS ORDERED as follows: 1. The Report and Recommendation of Special Master Thomas J. Rueter dated May 27, 2021 is APPROVED and ADOPTED, subject to the proviso that, in accordance with the request in the Objections, Special Master Rueter shall clarify the basis for his rulings in Paragraphs 3, 4, 5, 6, 7, 8, 9, 10, 13, and 14 of the Report and Recommendation. Such clarification shall be provided on or before July 20, 2021; 2. The Objections to the Report and Recommendation are OVERRULED for the reasons stated in the Report and Recommendation. Specifically, this Court concludes that the issue presented by the Objections, discovery of communications to and from the attorney for the Report and Recommendation, Germantown Cab Co. v. Pinelands Ins. Co. Risk Retention Grp., Inc., No. 1787, 2015 WL 4540212 (Phila. C.P. July 23, 2015), the case on which the Objections are primarily based, is distinguishable. That determination is based on the fact that in Germantown Cab, unlike in this case, the attorney whose communications were sought was retained by the insurer to represent the insured, whereas in this case Aspen agreed to permit the insured’s attorney to represent the insured in defending claims potentially covered by the insurance policy; and 3. The Deputy Clerk shall serve copies of this Order on all counsel and on Special Master Thomas J. Rueter.

BY THE COURT: /s/ Hon. Jan E. DuBois DuBOIS, JAN E., J.