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NATIONWIDE MUT. FIRE INS. CO. v. DISTAFFEN

No. 96-CV-6478T.

51 F.Supp.2d 271 (1998)

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff, v. Patrick DISTAFFEN, Etta J. Distaffen, Patsy Distaffen, and Northern King Lures, Inc., Defendants.

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

November 12, 1998.

Attorney(s) appearing for the Case

Patrick Tomovic, Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, NY, for Nationwide Mutual Fire Insurance Company, plaintiff.

Norman A. Palmiere, Palmiere Law Firm, P.C., Rochester, NY, for Etta J. Distaffen, Patsy S. Distaffen and Northern King Lures, Inc., defendants.

DECISION and ORDER

TELESCA, District Judge.

INTRODUCTION

In this declaratory judgment action, plaintiff Nationwide Mutual Fire Insurance Company ("Nationwide") seeks a determination that it is not obligated to defend or indemnify defendants in an action brought against them in New York State Supreme Court by Scott Underwood (an infant) and his father Jesse Underwood for damages resulting from the sexual abuse of Scott Underwood by Patrick...

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