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PARK PLACE ENTERTAINMENT v. TRANSCONTINENTAL INS.

No. 01 Civ. 6546 (RLC).

225 F.Supp.2d 406 (2002)

PARK PLACE ENTERTAINMENT CORPORATION Plaintiff, v. TRANSCONTINENTAL INSURANCE COMPANY; Agricultural Insurance Company; American:National Fire Insurance Company; Athena Assurance Company; Indemnity Insurance Company of North America; Liberty Mutual Insurance Company; Markel American Insurance Company; National Surety Corporation; National Union Fire Insurance Company of Pittsburgh, PA; Ohio Casualty Insurance Company; Westchester Fire Insurance Company; and Westport Insurance Corporation, Defendants.

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

October 2, 2002.

Attorney(s) appearing for the Case

Sills Cummis Radin Tischman, Epstein & Gross, P.C., New York, Kenneth Hayes, Steven S. Radin, Of Counsel, for Plaintiff.

Ford, Marrin, Esposito, Witmeyer & Gleser, L.L.P., New York, Stuart C. Levene, Of Counsel, L'Abbate, Balkan, Colavita & Contini, Garden City, Gary Petropoulos, Of Counsel, Callan, Koster, Brady & Brennan, LLP, New York, Michael Paul Kandler, Of Counsel, Luce Forward Hamilton & Scripps, New York, Ira S. Bergman, Of Counsel, Lustig & Brown, New York, Sheri N. Robinson, Of Counsel, Kaufman, Borgeest & Ryan, New York, Ariel Michael Furman, Of Counsel, Picillo Caruso, Nutley, NJ, Steven A. Weiner, Of Counsel, Caron, Constants & Wilson, Rutherford, NJ, Darrel M. Seife, Of Counsel, Lester, Schwab, Katz & Dwyer, L.L.P., New York, Eric A. Portuguese, Of Counsel, for Defendants.

OPINION

ROBERT L. CARTER, District Judge.

Plaintiff Park Place Entertainment Corporation ("Park Place") commenced this third party action to obtain a judgment declaring that defendant insurers are obligated to defend and indemnify Park Place in three lawsuits. In addition to declaratory relief, Park Place seeks compensatory and punitive damages for breach of contract and bad faith failure to defend and indemnify. Defendants now move for summary judgment...

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