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TRUSTEES OF UNIVERSITY OF PA. v. LEXINGTON INS. CO.

Civ. A. No. 88-3455.

707 F.Supp. 790 (1989)

The TRUSTEES OF the UNIVERSITY OF PENNSYLVANIA v. LEXINGTON INSURANCE COMPANY v. INSURANCE COMPANY OF NORTH AMERICA.

United States District Court, E.D. Pennsylvania.

March 15, 1989.

Attorney(s) appearing for the Case

Harvey Bartle, III, Dechert Price & Rhoads, Philadelphia, Pa., for plaintiff.

Albert J. Schell, Jr., Post & Schell, P.C., Philadelphia, Pa., for Lexington Ins. Co.

Ronald B. Hamilton, Philadelphia, Pa., for Ins. Co. of North America.

MEMORANDUM AND ORDER

KATZ, District Judge.

In May, 1987 plaintiff, which owns and operates the Hospital of the University of Pennsylvania ("HUP"), paid $500,000 to Victor and Arcadia Melendez as its portion of a settlement of a suit which had been commenced by the Melendezes against HUP and another party in the Court of Common Pleas. In April, 1988 plaintiff instituted this action against its excess insurance carrier, defendant Lexington Insurance Company...

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