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Judge Grants Spectacor’s Motion for Stay Pending Outcome of Pa. Supreme Court Cases

Philadelphia Flyers owner Comcast Spectacor has until Nov. 6 to file any brief in opposition to defendant Factory Mutual Insurance's Sept. 14 motion to dismiss Spectacor’s complaint for failure to state a claim (see 2309150026), said an order signed Thursday…

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(docket 2:23-cv-02476) by U.S. District Judge Harvey Bartle for Eastern Pennsylvania in Philadelphia. Spectacor alleges Factory Mutual refuses to honor the terms of the property insurance policy the Flyers bought to protect against the type of “catastrophic loss” the team incurred when its games were canceled or curtailed at the Wells Fargo Center in 2020 and 2021 due to the COVID-19 pandemic. Factory Mutual’s reply brief to Spectator’s opposition to the motion to dismiss is due Nov. 17, said Bartle’s order. Spectacor’s motion to stay the case is otherwise granted until further order of the court, it said. Spectacor sought the stay until the final resolution of two similar sports-insurance cases pending before the Pennsylvania Supreme Court. Factory Mutual opposed the stay. The parties “shall promptly notify this court of any relevant developments” in the 3rd U.S. Circuit Court of Appeals and in the Pennsylvania Supreme Court, said Bartle’s order.