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EXECUTIVE RISK INDEM. INC. v. ICON TITLE AGENCY

No. 10 Civ. 2473(SAS).

739 F.Supp.2d 446 (2010)

EXECUTIVE RISK INDEMNITY INC., Plaintiff, v. ICON TITLE AGENCY, LLC, Defendant.

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

August 3, 2010.

Attorney(s) appearing for the Case

S. Dwight Stephens, Esq. , Michael Frank Panayotou, Esq. , Melito & Adolfsen, P.C., New York, NY, Daniel J. Standish, Esq. , Gary Paul Seligman, Esq. , Wiley Rein LLP, Washington, DC, for Plaintiff.

David B. Hamm, Esq. , Howard Lowell Wexler, Esq. , Herzfeld & Rubin, P.C., New York, NY, for Defendant / Counter Claimant.

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge.

I. INTRODUCTION

Executive Risk Indemnity, Inc. ("Executive Risk") moves to dismiss Icon Title Agency's ("Icon") counterclaim for failure to state a claim. For the reasons discussed below, the motion is granted.

II. BACKGROUND

In December 2006, Icon obtained from Executive Risk professional liability insurance in connection with Icon's title agency operations.

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