U.S. UNDERWRITERS INS. CO. v. TNP TRUCKING INC.

No. Civ.A. CV-97-4097(DGT).

44 F.Supp.2d 489 (1999)

U.S. UNDERWRITERS INSURANCE COMPANY, Plaintiff, v. TNP TRUCKING INC., Philip Lagrana, Inc., Queens Surface Group, I.F.D. Construction Corp., Rudradave Sharma, and Eagle Insurance Company, Defendants.

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

April 14, 1999.


Attorney(s) appearing for the Case

Jordan Sklar, Thurm & Heller, LLP, New York City, for plaintiff U.S. Underwriters.

Evan S. Schwartz, Quadrino & Schwartz, P.C., Garden City, NY, for defendant TNP.

Mitchell D. Kessler, New York City, for defendant Sharma.

Stuart M. Herz, Garden City, NY, for defendant Eagle Insurance.


MEMORANDUM AND ORDER

TRAGER, District Judge.

U.S. Underwriters Insurance Company ("U.S.Underwriters") commenced a declaratory judgment action against TNP Trucking, Inc. ("TNP"), seeking a declaration that it has no obligation to defend or indemnify TNP in connection with a personal injury action pending in New York State Supreme Court. The state action charges TNP with negligence. While disclaiming any obligation to defend or indemnify TNP, U.S. Underwriters...

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