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  5. 649 F.Supp.2d 78 (2009)
 

ATLANTIC CAS. INS. CO. v. NORTHWAY POOL SERVICE

No. 07CV4590(ADS)(ETB).

649 F.Supp.2d 78 (2009)

ATLANTIC CASUALTY INSURANCE COMPANY, Plaintiff, v. NORTHWAY POOL SERVICE, INC., Philip Siemann, Jacuzzi Spas International, and Patricia Casey, as Executrix of The Estate of Joseph P. Casey, Defendants.

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

August 24, 2009.

Attorney(s) appearing for the Case

Milber Makris Plousadis & Seiden, LLP by Debra Miller Krebs, Esq., of Counsel, Woodbury, NY, for the Plaintiff.

Rubin & Licatesi, P.C. by Jason Stuart Firestein, Esq., of Counsel, Garden City, NY, for the Defendants Northway Pool Services, Inc. and Philip Siemann.

Wilson Elser Moskowitz Edelman & Dicker by Joseph Laird, Esq., of Counsel, New York, NY, for the Defendant Jacuzzi Spas International.

John J. Breen, Esq., Islandia, NY, for the Defendant Patricia Casey.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Presently before the Court is Atlantic's motion for summary judgment seeking (1) a declaration that it is not obligated to cover, defend, or indemnify any party in connection with the death of Joseph P. Casey, and (2) dismissal of the counterclaims asserted against it. For the reasons that follow, the plaintiff's motion is denied.

I. BACKGROUND

This case arises out of the tragic...

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