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COMMERCIAL UNION INS. CO. v. FORWARD AIR, INC.

No. 98 Civ. 6814(AGS).

50 F.Supp.2d 255 (1999)

COMMERCIAL UNION INSURANCE CO., Plaintiff, v. FORWARD AIR, INC., Defendant.

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

June 14, 1999.

Attorney(s) appearing for the Case

Julia M. Moore, Nicoletti, Hornig & Sweeney, New York City, for Plaintiff.

Ilene J. Feldman, Gutterman & Associates, New York City, for Defendant.

OPINION AND ORDER

SCHWARTZ, District Judge.

Before the Court are (1) defendant's motion for summary judgment, or, in the alternative, partial summary judgment, and (2) plaintiff's motion to dismiss defendant's eleventh affirmative defense. For the reasons stated herein, (i) defendant's motion for summary judgment is DENIED; (ii) defendant's motion for partial summary judgment is GRANTED; and (iii) plaintiff's motion is DENIED.

FACTUAL...

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