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NGM INS. CO. v. BLAKELY PUMPING, INC.

Docket No. 09-1655-cv.

593 F.3d 150 (2010)

NGM INSURANCE COMPANY, Plaintiff-Counter-Defendant-Appellant, v. BLAKELY PUMPING, INC., d/b/a Assential Pumping, Brian J. Blakely, Defendants-Counter-Claimants-Appellees, Peter J. Slingerland, Nancy Slingerland, Defendants-Appellees, Progressive Casualty Insurance Company, Defendant.

United States Court of Appeals, Second Circuit.

Decided: February 1, 2010.

Attorney(s) appearing for the Case

Haydn J. Brill, Brill & Associates, P.C., New York, NY, for Plaintiff-Counter-Defendant-Appellant.

Robert D. Cook, Cook, Netter, Cloonan, Kurtz & Murphy, P.C., Kingston, NY, for Defendants-Counter-Claimants-Appellees.

Paul J. Goldstein, Goldstein & Metzger, LLP, Poughkeepsie, NY, for Defendants-Appellees.

Before McLAUGHLIN, KATZMANN, LYNCH, Circuit Judges.

PER CURIAM:

NGM Insurance Company ("NGM") appeals from a judgment of the United States District Court for the Southern District of New York (Young, J.) declaring that NGM is obligated to defend and indemnify Blakely Pumping, Inc. ("Blakely Pumping"), against liability arising out of an auto accident involving Brian Blakely ("Blakely"), an officer and employee of Blakely Pumping. Blakely Pumping had purchased an insurance policy and endorsement from NGM that covered...

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