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ATLANTIC CAS. INS. CO. v. VALUE WATERPROOFING

No. 11 Civ. 7565(DLC).

918 F.Supp.2d 243 (2013)

ATLANTIC CASUALTY INSURANCE COMPANY, Plaintiff, v. VALUE WATERPROOFING, INC., a/k/a Value Contracting, Inc., a/k/a Value Water Proofing, Inc., Greenwich Insurance Company, Bullard Purchasing and Sales, Inc., and Kansas Fried Chicken, Inc., Defendants.

United States District Court, S.D. New York.

January 15, 2013.

Attorney(s) appearing for the Case

Christopher Weldon , Debra Krebs , Robert Lewis , Keidel, Weldon & Cunningham LLP, White Plains, NY, for Plaintiff Atlantic Casualty.

Timothy G. Griffin , Law Offices of Timothy G. Griffin, Bronxville, NY, for Defendant Value Waterproofing, Inc.

Donald Sweetman , Gennet, Kallmann, Antin & Robinson, P.C., New York, NY, for Defendant Greenwich Insurance Company.

Barry S. Gedan , Riverdale, NY, for Defendants Bullard Purchasing and Sales, Inc. and Kansas Fried Chicken, Inc.

OPINION & ORDER

DENISE COTE, District Judge.

This insurance coverage dispute arises out of a breach of contract and negligence lawsuit pending in the New York Supreme Court. The plaintiff Atlantic Casualty Insurance Company ("Atlantic Casualty") seeks a declaratory judgment that it has no duty to defend Value Waterproofing, Inc. ("Value") or to indemnify Value in the underlying action. Value asserts a mirror counterclaim requesting a declaration...

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