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GUAR. NAT. INS. CO. v. BAYSIDE RESORT, INC.

Civ. No. 1985/183.

635 F.Supp. 1456 (1986)

GUARANTY NATIONAL INSURANCE COMPANY, Plaintiff, v. BAYSIDE RESORT, INC., Defendant.

District Court, Virgin Islands, D. St. Croix.

June 13, 1986.

Attorney(s) appearing for the Case

Stacy L. White, Britain H. Bryant & Associates, P.C., Christiansted, St. Croix, V.I., for plaintiff.

Richard H. Hunter and Judith A. Turner, Isherwood Hunter & Colianni, Christiansted, St. Croix, V.I., for defendant.

MEMORANDUM OPINION AND ORDER

DAVID V. O'BRIEN, District Judge.

This dispute pits an innocent policyholder against its equally innocent insurer. We are asked to decide whether the defendant, yet another victim of the insolvent Dome Insurance Company, is entitled to primary coverage from its excess carrier. We hold it is not.

I. FACTS

Defendant Bayside Resorts, Inc. owns the Sapphire Beach Resort on the south shore of St. Thomas. It carried...

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