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CAPITAL ENVIRONMENTAL SERVICES v. NORTH RIVER INS.

Civil Action No. 1:07cv788.

536 F.Supp.2d 633 (2008)

CAPITOL ENVIRONMENTAL SERVICES, INC., Plaintiff, v. NORTH RIVER INSURANCE CO., Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

February 28, 2008.

Attorney(s) appearing for the Case

Stephen Anthony Horvath, Trichilo Bancroft Mcgavin Horvath & Judkins PC, Fairfax, VA, for Plaintiff.

Craig James Franco, Odin Feldman & Pittleman PC, Fairfax, VA, for Defendant.

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

At issue on cross-motions for summary judgment in this insurance coverage dispute are the following questions:

1. Whether an insurer has a duty to defend its insured against a third party complaint where, as here, the third party complaint fits within the policy coverage, but the insurer contends that facts extrinsic to the third party complaint preclude coverage; 2. Whether a...

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