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ALLIANZ INS. CO. v. OTERO

No. 04 Civ. 647(PKC).

353 F.Supp.2d 415 (2004)

ALLIANZ INSURANCE COMPANY, as subrogee of Mercedes Benz Credit Corporation Plaintiff, v. Bien OTERO and Peter Williamson, Defendants.

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

December 28, 2004.

Attorney(s) appearing for the Case

David M. Ginsberg, Ginsberg, Becker & Weaver, L.L.P., New York, NY, for plaintiff.

John J. Bailly, Bailly & McMillian, L.L.P., White Plains, NY, for defendants.

MEMORANDUM AND ORDER

CASTEL, District Judge.

This is an action, asserting subject matter jurisdiction by reason of diversity of citizenship, in which the insurer of the owner-lessor of a vehicle seeks to recover from the lessee and her husband, the driver of the vehicle, payments the insurer made to a third-party in settlement of a personal injury claim. The lessee and driver have defended on the ground that they are insureds under the owner-lessor...

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