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TRANSPORT INS. CO. v. PROTECTIVE INS. CO.

No. 87 Civ. 3188 (CLB).

696 F.Supp. 870 (1988)

TRANSPORT INSURANCE COMPANY, Trafik Services, Inc., C.W. Transport, Inc., Plaintiffs, v. PROTECTIVE INSURANCE COMPANY, Defendant.

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

June 24, 1988.

Attorney(s) appearing for the Case

Ira Lipsius, Schindel, Cooper, Farman & Sorkin, New York City, Skidmore & Haskins, Akron, Ohio, for plaintiffs.

Donohue, Donohue & Sabo, P.C. by Alvin O. Sabo, Albany, N.Y., for defendant.

MEMORANDUM AND ORDER

BRIEANT, Chief Judge.

In this diversity action, plaintiffs, two motor carriers and their insurer, seek a declaration that C.W. Transport ("C.W.") and Trafik Services Inc. ("Trafik"), are "insureds" under a policy issued by the defendant, and that the defendant has the primary duty to defend and indemnify the plaintiffs for liability incurred as a result of a motor vehicle accident on November 10, 1984 in this district. Motions for summary...

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