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HARTFORD ACC. AND INDEM. CORP. v. USF&G CO.

Civ. No. 88-C-1051J.

765 F.Supp. 677 (1991)

HARTFORD ACCIDENT AND INDEMNITY CORPORATION, a Connecticut corporation, Plaintiff, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland corporation; El Paso Natural Gas, a Delaware corporation; Commercial Union Insurance Company, a Massachusetts corporation, Defendants.

United States District Court, D. Utah, C.D.

February 28, 1991.

Attorney(s) appearing for the Case

Raymond M. Berry, Joy L. Clegg, Salt Lake City, Utah, for plaintiff.

Gary L. Johnson, Salt Lake City, Utah, for defendant U.S. Fidelity & Guar. Co.

Stephen Marshall, Van Cott, Bagley, Cornwall & McCarthy, Alan L. Sullivan, Salt Lake City, Utah, Nicholas J. Zoogman, Jerold Oshinsky, Anderson, Kill, Olick & Oshinsky, New York City, for defendant El Paso Natural Gas.

William W. Barrett, Kipp & Christian, Salt Lake City, Utah, for defendant Commercial Union Ins. Co.

MEMORANDUM OPINION AND ORDER

JENKINS, Chief Judge.

I. INTRODUCTION

On December 20, 1989, the court heard argument on two pending motions. The motions included: a Motion for Summary Judgment brought by plaintiff Hartford Accident and Indemnity Corporation ("Hartford") with respect to the "alienated premises exclusion" contained in an insurance policy (the "Liability Policy") issued by Hartford to defendant El Paso Natural Gas ("El Paso"); and a...

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