GEMMY INDUSTRIES CORP. v. ALLIANCE GENERAL INS.

No. 3-98-CV-0014-BD.

190 F.Supp.2d 915 (1998)

GEMMY INDUSTRIES CORPORATION, Plaintiff, v. ALLIANCE GENERAL INSURANCE COMPANY, et al. Defendants.

United States District Court, N.D. Texas.

November 17, 1998.


Attorney(s) appearing for the Case

Jeffrey E. Cook, Sullivan Parker & Cook, Dallas, Texas, for Plaintiff.

Veronica M. Bates, Alissa K. Christopher, Cowles & Thompson, Dallas, Texas, for Defendant Alliance General Insurance Company.

John Tollefson, Knox & Tollefson, Dallas, Texas, for Defendant American Equity Insurance Company.


MEMORANDUM OPINION AND ORDER

KAPLAN, United States Magistrate Judge.

This case is before the Court on cross-motions for summary judgment. All parties seek a judicial determination as to whether defendants have a duty to defend and indemnify plaintiff under the terms of their respective insurance policies. The Court holds that plaintiff is not entitled to coverage because it breached the notice provisions of both policies.

I.

Plaintiff...

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