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CONSTITUTION REINSURANCE CORP. v. STONEWALL INS.

No. 94 Civ. 1888(PKL).

980 F.Supp. 124 (1997)

CONSTITUTION REINSURANCE CORPORATION, Plaintiff, v. STONEWALL INSURANCE COMPANY, Defendant.

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

September 17, 1997.

Attorney(s) appearing for the Case

Kelley Drye & Warren LLP, New York City, NY (Kevin J. Walsh, David L. Pitchford, of counsel), for plaintiff.

Pepper, Hamilton & Scheetz, Philadelphia, PA (Deborah F. Cohen, Aaron Krauss, Seth A. Abel, of counsel), for defendant.

OPINION AND ORDER

LEISURE, District Judge.

In its action for a declaratory judgment, plaintiff Constitution Reinsurance Corporation ("Constitution") moves pursuant to Fed. R.Civ.P. 56(c) for summary judgment against defendant Stonewall Insurance Company ("Stonewall"). For the reasons stated below, plaintiff's motion is granted.

BACKGROUND

In the early morning hours of May 15, 1983, a drunken driver named Hugo Gomez caused a two-car...

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