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NORTHERN INS. CO. OF NEW YORK v. REILLY

No. CIV.A. 03CV5468.

323 F.Supp.2d 648 (2004)

NORTHERN INSURANCE COMPANY OF NEW YORK v. William REILLY

United States District Court, E.D. Pennsylvania.

July 1, 2004.

Attorney(s) appearing for the Case

Glenn A. Ricketti, Margolis Edelstein, Philadelphia, PA, for Plaintiff.

Gary I. Spivack, Solomon Sherman & Gabay, Philadelphia, PA, for Defendant.

MEMORANDUM AND ORDER

SAVAGE, District Judge.

In this declaratory judgment action, the question is whether a forklift is a covered "auto" as defined in the business insurance policy that Northern Insurance Company ("Northern") issued to defendant William Reilly's employer, S. Walter Packaging Corporation ("Walter"). Northern submits that under the policy, Reilly is not an "insured" because the forklift he was operating at the time he was injured is...

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