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  5. 709 F.Supp.2d 397 (2009)
 

MILLER v. ST. PAUL MERCURY INS. CO.

Case No. RDB 08-CV-1231.

709 F.Supp.2d 397 (2009)

William Ray MILLER, II, Plaintiff, v. ST. PAUL MERCURY INSURANCE COMPANY, Defendant.

United States District Court, D. Maryland.

March 24, 2009.

Attorney(s) appearing for the Case

Gary Ralph Jones , Baxter Baker Sidle Conn and Jones, Baltimore, MD, for Plaintiff.

Michael R. Goodstein , Matthew J. Burkhart , Bailey Cavalieri LLC, Columbus, OH, Stacey Ann Moffet , Eccleston and Wolf PC, Hanover, MD, for Defendant.

MEMORANDUM OPINION

RICHARD D. BENNETT, District Judge.

Plaintiff William Ray Miller, II ("Miller"), filed this action against Defendant St. Paul Mercury Insurance Company ("St. Paul") seeking a declaration that St. Paul has a duty to defend and indemnify him with respect to an underlying lawsuit that was filed against him by Upper Hudson National Insurance Company ("Upper Hudson"). Pending before this Court is St. Paul's Motion to Dismiss Plaintiff...

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