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  5. 95 F.Supp.2d 838 (2000)
 

WESTERN AMERICAN INS. CO. v. MOONLIGHT DESIGN

No. 98 C 5206.

95 F.Supp.2d 838 (2000)

WESTERN AMERICAN INSURANCE COMPANY, Plaintiff, v. MOONLIGHT DESIGN, INC., Defendant.

United States District Court, N.D. Illinois, Eastern Division.

January 31, 2000.

Attorney(s) appearing for the Case

Robert Marc Chemers, Amy E. Johnson, Pretzel & Stouffer, Chtd., Chicago, IL, for plaintiff.

Patrick Joseph O'Connor, Law Office of Patrick J. O'Connor, Chicago, IL, George F. Carpinello, Philip J. Iovieno, Barrett, Gravante, Carpinello & Stern, LLP, Albany, NY, for defendant.

MEMORANDUM AND ORDER

MORAN, Senior District Judge.

Plaintiff West American Insurance Company (West American) seeks to resolve whether it had a duty to defend defendant Moonlight Design, Inc. (Moonlight), its insured, in a copyright infringement lawsuit filed in New York. Both plaintiff and defendant have moved for a judgment on the pleadings. We hold that a duty to defend existed under the insurance policy and therefore deny plaintiff's motion and...

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