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GATEWAY GROUP ADVANTAGE, INC. v. McCARTHY

No. CIV.A.02-10322-JGD.

300 F.Supp.2d 236 (2003)

GATEWAY GROUP ADVANTAGE, INC., Plaintiff, v. Brian K. McCARTHY, et al., Defendants, Gateway Group Advantage, Inc., Assignee, Third-Party Plaintiff, v. American International Specialty Lines Insurance Co., Third-Party Defendant.

United States District Court, D. Massachusetts.

December 4, 2003.

Attorney(s) appearing for the Case

John W. Brister, Bristler & Zandrow, Boston, MA, Gerard F. Hempstead, St. Louis, MO, for Gateway GroupAdvantage LLC, Plaintiff.

Debbie C. Isle, Richard E. Quinby, Craig and Macauley Professional Corporation, Boston, MA, John J. McGivney, Rubin & Rudman, LLP, Boston, MA, for Consumer Insurance Services of America, Insurance Holdings of America, Insurance Technology Services of America, Brian K. McCarthy, Defendants.

John G. Ruan, Finnegan, Underwood, Ryan & Tierney, Boston, MA, for American Intern. Specialty Lines Ins. Co.

MEMORANDUM OF DECISION AND ORDER ON AISLIC'S MOTION FOR SUMMARY JUDGMENT

DEIN, United States Magistrate Judge.

I. INTRODUCTION

The defendant insureds (collectively "IHA") brought a third-party action against their insurer, American International Specialty Lines Insurance Company ("AISLIC"), seeking defense costs and indemnification for claims asserted against IHA by the plaintiff, Gateway Group Advantage, LLC ("Gateway...

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