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HOUSEHOLD INTERN., INC. v. WESTCHESTER FIRE INS. CO.

No. CIV.A.02-1601 JJF, CIV.A.02-1328 JJF.

286 F.Supp.2d 369 (2003)

HOUSEHOLD INTERNATIONAL, INC. Household Retail Services, Inc., Household Bank (SB), N.A., and Beneficial National Bank USA, Plaintiffs, v. WESTCHESTER FIRE INSURANCE COMPANY Defendant. Westchester Fire Insurance Company Plaintiff, v. Household International, Inc. Household Retail Services, Inc., Household Bank (SB), N.A., and Beneficial National Bank USA, Defendants.

United States District Court, D. Delaware.

October 8, 2003.

Attorney(s) appearing for the Case

J.R. Julian, Esquire, of J.R. Julian, P.A., Wilmington, DE. Of Counsel: James J. Duggan, Esquire, Michael T. Glascott, Esquire, John R. Condren, Esquire, of Lustig & Brown, LLP, Buffalo, NY, for Household International, Inc., Household Retail Services, Inc., Household Bank (SB), N.A., and Beneficial National Bank USA.

John A. Parkins, Jr., Esquire, of Richards, Layton & Finger, P.A., Wilmington, DE, Of Counsel: John H. Mathias, Jr., Esquire, Chistopher C. Dickinson, Esquire, John P. Wolfsmith, Esquire, Daniel Shim, Esquire, of Jenner & Block, LLC, Chicago, IL, for Westchester Fire Insurance Company.

MEMORANDUM OPINION

FARNAN, District Judge.

Pending before the Court are two motions, Household International, Inc.'s, Household Retail Services, Inc.'s, Household Bank (SB), N.A.'s1 and Beneficial National Bank USA's ("Beneficial") (collectively "Policyholders") Motion To Dismiss Counts I, II, and VIII Of Westchester's Complaint, (D.I. 31 in 02-1328 JJF),2 and

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