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UNITED NAT. INS. CO. v. TUNNEL, INC.

No. 979, Docket 92-9123.

988 F.2d 351 (1993)

UNITED NATIONAL INS. CO., Plaintiff-Appellee, v. The TUNNEL, INC., Defendant, v. Jeffrey BERNSTEIN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 16, 1993.

Attorney(s) appearing for the Case

Michael A. Calano, New York City (Calano & Calano, New York City, of counsel), for defendant-appellant.

Sheryl E. Katz, New York City (Wilson, Elser, Moskowitz, Edelman & Dicker, New York City, of counsel), for plaintiff-appellee.

Before: WALKER and McLAUGHLIN, Circuit Judges, and GRIESA, District Judge.

McLAUGHLIN, Circuit Judge:

Jeffrey Bernstein was injured in an altercation with a bouncer at a nightclub, known as the Tunnel. He sued in New York Supreme Court for his injuries, and that action is still pending. The Tunnel carried a liability insurance policy with United National Insurance Company ("UNI") which brought an action in the United States District Court for the Southern District of New York for a declaratory judgment disclaiming liability because the injury...

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