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VARDA, INC. v. INSURANCE CO. OF NORTH AMERICA

No. 85 Civ. 8133 (JES).

701 F.Supp. 57 (1988)

VARDA, INC., Plaintiff, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant.

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

December 6, 1988.

Attorney(s) appearing for the Case

Kroll, Tract, Pomerantz & Cameron, New York City, for plaintiff; Peter W. Flanagan, Kenneth Fremont, of counsel.

Greenhill and Rubin, New York City, for defendant; Charles T. Rubin, of counsel.

OPINION AND ORDER

SPRIZZO, District Judge.

Plaintiff Varda, Inc. brings this action to recover for breach of an insurance contract. Defendant Insurance Company of North America has moved for summary judgment. Jurisdiction is based on diversity of citizenship, 28 U.S.C. § 1332(a)(1), and the parties agree that New York law is controlling. For the reasons set forth below, defendant's motion is denied.

BACKGROUND

The following facts,...

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