MT. HAWLEY INS. CO. v. FRED A. NUDD CORP.

No. 04-CV-6041CJS.

382 F.Supp.2d 404 (2005)

MT. HAWLEY INSURANCE COMPANY, Plaintiff, v. FRED A. NUDD CORPORATION, Defendant.

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

February 18, 2005.


Attorney(s) appearing for the Case

Joseph D. Piccioti, Harris Beach LLP, Pittsford, NY, for plaintiff/counter defendant.

Steven A. Maas, Kaman, Berlove, Marafioti, Jacobstein & Goldman, Rochester, NY, for defendant/counter plaintiff.


DECISION AND ORDER

SIRAGUSA, District Judge.

INTRODUCTION

This is an action for a declaratory judgment regarding two commercial liability insurance policies issued by plaintiff to defendant. Plaintiff seeks a declaration that it has no obligation to defend or indemnify defendant under the subject policies. Now before the Court is defendant's cross-motion [# 18] for summary judgment. For the reasons that follow, the application is denied.

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