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HARTFORD ACC. AND INDEM. v. COMMERCIAL UNION INS.

No. CV 89-0949.

751 F.Supp. 345 (1990)

HARTFORD ACCIDENT AND INDEMNITY COMPANY, Plaintiff, v. COMMERCIAL UNION INSURANCE COMPANY and Minuteman Press International, Inc., Defendants.

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

November 27, 1990.

Attorney(s) appearing for the Case

O'Brien, McGarry, Murtagh & Mayer by Kevin J. Murtagh, Rockville Centre, N.Y., for plaintiff.

Donovan, Maloof, Walsh & Repetto, New York City, for defendant Commercial Union.

Herz & Ryder by Edward B. Ryder, Farmingdale, for defendant Minutemen Press.

MEMORANDUM AND ORDER

WEXLER, District Judge.

Plaintiff Hartford Accident and Indemnity Company ("Hartford"), sues defendant Commercial Union Insurance Company ("Commercial Union") for breach of a fiduciary obligation. More particularly, Hartford alleges that Commercial Union is the issuer of a primary insurance policy, and that Hartford is the issuer of an umbrella liability policy. Consequently, Hartford alleges that it is to be considered an excess insurance...

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