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INDIAN HARBOR INS. CO. v. FACTORY MUT. INS. CO.

No. 05 Civ. 2564PKL.

419 F.Supp.2d 395 (2005)

INDIAN HARBOR INSURANCE COMPANY, and the Trustees of the University of Pennsylvania, Plaintiffs, v. FACTORY MUTUAL INSURANCE COMPANY d/b/a FM Global Insurance Company, Defendant.

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

August 17, 2005.

Attorney(s) appearing for the Case

Law Offices of Charles Platto, P.L.C., Charles Platto, Nolan Burkhouse, New York, N.Y. and Norwich, VT, for Plaintiffs.

Venzie Phillips & Warshawar, Kevin Gerard Amadio, Philadelphia, PA, for Plaintiff Trustees of University of Pennsylvania.

Budd Lamer, P.C., Norman G. Sade, New York, NY, and Robert M. Wolf, Short Hills, NJ, for Defendant.

OPINION AND ORDER

LEISURE, District Judge.

Plaintiffs, The Trustees of the University of Pennsylvania ("Penn") and Indian Harbor Insurance Company ("Indian Harbor"), bring this action for declaratory judgment, pursuant to 28 U.S.C. § 2201, against defendant Factory Mutual Insurance Company d/b/a FM Global ("FM"). Plaintiffs jointly seek a declaration that an insurance policy issued by FM to Penn provides coverage for damages Penn sustained at its veterinary...

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