SPARACINO v. PAWTUCKET MUT. INS. CO.

No. 701, Dockets 94-7487L, 94-7609.

50 F.3d 141 (1995)

Frank SPARACINO, as President of the Newspaper and Mail Deliverers' Union of New York and Vicinity, Plaintiff-Appellant, v. PAWTUCKET MUTUAL INSURANCE COMPANY, Defendant-Third-Party Plaintiff-Appellee, v. IMPERIAL DELIVERY SERVICE, INC., Third-Party Defendant-Appellant, Gary Lee Mauney & Robert J. Boyle, Third-Party Defendants.

United States Court of Appeals, Second Circuit.

Decided March 13, 1995.


Attorney(s) appearing for the Case

Philip Sipser, New York City, for plaintiff-appellant.

Stephen M. McCabe, New York City, for defendant-third-party plaintiff-appellee.

Carol A. Cimkoski, Mineola, NY, for third-party defendant-appellant and third-party defendants.

Before: MAHONEY, McLAUGHLIN and HEANEY, Circuit Judges.


HEANEY, Senior Circuit Judge:

Frank Sparacino, president of the Newspaper and Mail Deliverers' Union of New York and Vicinity ("the Union"), sought a declaration that Pawtucket Mutual Insurance Company had a duty to defend and indemnify the Union in a personal injury action. The district court granted summary judgment for Pawtucket, finding that the insurance company had no obligation to defend or indemnify the Union, its insured, because the Union had not given Pawtucket...

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