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CENTURY 21, INC. v. DIAMOND STATE INS. CO.

Docket No. 04-3362-CV.

442 F.3d 79 (2006)

CENTURY 21, INC., d/b/a/ Century 21 Department Stores, LLC, Plaintiff-Appellant, v. DIAMOND STATE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: March 21, 2006.

Attorney(s) appearing for the Case

Joshua L. Mallin, Weg and Myers, P.C., New York, New York (Dennis T. D'Antonio, Jared Zola, of Counsel) for Plaintiff-Appellant.

Max W. Gershweir, New York, New York (Andrew P. Saulitis, of Counsel) for Defendant-Appellee.

Before: STRAUB, HALL, Circuit Judges, and KAPLAN, District Judge.

HALL, Circuit Judge.

In this insurance coverage action, the District Court granted summary judgment to defendant-appellant Diamond Insurance Company ("Diamond"), ruling that Diamond had no duty to defend or indemnify plaintiff-appellant Century 21, Inc. ("Century") in a separate trademark infringement action brought against Century by Gucci America, Inc. For the reasons that follow, we vacate the judgment of the District Court and remand for further proceedings.<...

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