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COMMERCIAL UNDERWRITERS INS. v. GLOWMASTER CORP.

No. 99 CIV. 11500 (SHS).

105 F.Supp.2d 268 (2000)

COMMERCIAL UNDERWRITERS INSURANCE COMPANY, Plaintiff, v. GLOWMASTER CORPORATION, Defendant.

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

July 17, 2000.

Attorney(s) appearing for the Case

Gary R. Greenman, Nicoletti, Gonson & Bielat, L.L.P., New York City, for Plaintiff.

OPINION

STEIN, District Judge.

Plaintiff insurance company seeks a declaratory judgment that it has no duty to defend or indemnify defendant policyholder in an underlying personal injury action due to the policyholder's failure to notify plaintiff of the claim in a timely fashion. The policyholder has moved to dismiss the complaint and the insurance company has cross-moved for summary judgment. A parallel proceeding is pending in New Jersey state...

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