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DIEBOLD, INC. v. CONTINENTAL CAS. CO.

Civil Action No. 07-1991 (JEI/JS).

719 F.Supp.2d 451 (2010)

DIEBOLD, INC., Plaintiff, v. CONTINENTAL CASUALTY CO., Defendant.

United States District Court, D. New Jersey.

June 21, 2010.

Attorney(s) appearing for the Case

Anderson Kill & Olick, P.C., by John N. Ellison, Esq. , Luke E. Debevec, Esq. , Philadelphia, PA, for Plaintiff.

Clausen Miller, P.C., Christopher Scanlon, Esq. , Scott L. Schmookler, Esq. , New York, NY, and Colliau Elenius Murphy Carluccio Keener & Morrow by Edward Delesky, Esq. , Cranbury, NJ, for Defendant.

IRENAS, Senior District Judge:

This is an insurance coverage dispute between Plaintiff Diebold, Inc. ("Diebold"), the insured, and Continental Casualty Company ("Continental"), the insurer.1 Presently before the Court are the parties' motions for summary judgment.

For the reasons set forth below, summary judgment will be granted to Continental on the basis of its "discovery" affirmative defense. Diebold's corresponding cross-motion...

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