PEERLESS INS. CO. v. STROTHER

No. 87-91-CIV-3.

765 F.Supp. 866 (1990)

PEERLESS INSURANCE COMPANY and Westchester Fire Insurance Company, Plaintiffs, v. Dewey K. STROTHER, Kenneth Strother and Carolina Transformer Co., Inc., Defendants.

United States District Court, E.D. North Carolina, Fayetteville Division.

June 21, 1990.


Attorney(s) appearing for the Case

Walter E. Brock, Jr., Young, Moore, Henderson & Alvis, P.A., Raleigh, N.C., for plaintiffs.

Mark A. Sterlicht, Beaver, Thompson, Holt & Richardson, P.A., Fayetteville, N.C., for defendants.


ORDER

TERRENCE WILLIAM BOYLE, District Judge.

This matter comes before the court upon the parties' cross motions for summary judgment. Plaintiffs, general liability insurers, brought this declaratory judgment action to establish that they have no duty to defend nor indemnify the defendants in an action filed by the United States for the recovery of environmental cleanup costs. The defendants assert that the plaintiffs must fulfill these obligations under...

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