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EVANSTON INS. CO. v. LAYNE THOMAS BUILDERS, INC.

Civil Action No. 08-286-JJF.

635 F.Supp.2d 348 (2009)

EVANSTON INSURANCE COMPANY, Plaintiff, v. LAYNE THOMAS BUILDERS, INC., Defendant.

United States District Court, D. Delaware.

July 20, 2009.

Attorney(s) appearing for the Case

Robert L. Ciociola, Esquire of Litchfield Cavo, Lynnfield, MA, Kevin F. Brady, Esquire and Josiah R. Wolcott, Esquire of Connolly Bove Lodge & Hutz, Wilmington, DE, for Plaintiff.

James W. Semple, Esquire and David J. Soldo, Esquire of Morris James, Wilmington, DE, for Defendant.

MEMORANDUM OPINION

FARNAN, District Judge.

Pending before the Court is Defendant's Motion To Dismiss, Or To Stay (D.I. 9.) this action pursuant to the Declaratory Judgment Act, 28 U.S.C. § 2201, pending resolution of an underlying tort action pending in the Court of Common Pleas of the Commonwealth of Pennsylvania. For the reasons discussed below, the Court will deny Defendant's Motion as it pertains to Plaintiff's claim based on the duty to...

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