OPINION
RYAN, District Judge.
This is an action brought by the plaintiff insurance company for a declaratory judgment, wherein the plaintiff seeks an order of this court: (1) declaring that it has no duty to defend or indemnify the Estate of Brian Tyrer under Part I of the policy, and no duty to make payments to the estate under Part II of the policy; and (2) seeking costs and expenses and attorney's fees incurred in the prosecution of the action.
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