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COMMERCIAL UNION INS. CO. v. PESANTE

No. C.A. 03-189T.

359 F.Supp.2d 81 (2005)

COMMERCIAL UNION INSURANCE CO., Petitioner v. Dean PESANTE, Respondent.

United States District Court, D. Rhode Island.

March 3, 2005.

Attorney(s) appearing for the Case

Seth S. Holbrook, Holbrook & Murphy, Boston, MA, for Petitioner.

Stephen T. Morrissey, Law Office of Stephen T. Morrissey, Wakefield, RI, for Respondent.

MEMORANDUM AND ORDER

TORRES, Chief Judge.

INTRODUCTION

Commercial Union Insurance Company ("Commercial Union") brought this action seeking a declaratory judgment that it is not liable on a marine insurance policy issued to Dean Pesante ("Pesante") because Pesante breached an express warranty that the covered vessel would be used only for lobstering.

Commercial Union has moved for summary judgment and the issue presented is...

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