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TOCCI BLDG. CORP. OF NEW JERSEY v. VIRGINIA SUR.

Civil Action No. 08-11402-DPW.

750 F.Supp.2d 316 (2010)

TOCCI BUILDING CORPORATION OF NEW JERSEY, INC., Plaintiff, v. VIRGINIA SURETY COMPANY; Travelers Indemnity Company; National Union Fire Insurance Company of Pittsburgh; ACE American Insurance Company, Defendants.

United States District Court, D. Massachusetts.

November 2, 2010.

Attorney(s) appearing for the Case

John M. Edwards , David K. Pinsonneault , Winer & Bennett, LLP, Nashua, NH, for Plaintiff.

David M. O'Connor , Joseph C. Abate , O'Connor & Associates, LLC, Douglass C. Lawrence , Erica Tennyson , Day Pitney LLP, Eric B. Hermanson , Mary P. Cormier , Edwards Angell Palmer & Dodge LLP, Boston, MA, Kathleen D. Monnes , Day Pitney LLP, Hartford, CT, David Y. Loh , Kevin M. Haas , Cozen O'Connor , New York, NY, for Defendants.

MEMORANDUM AND ORDER

DOUGLAS P. WOODLOCK, District Judge.

Through the motion now before me in this complex insurance litigation between Tocci Building Corporation of New Jersey, Inc. ("Tocci") and various of its primary and excess insurers, an excess carrier seeks dismissal of the claim against it. In the underlying litigation, Tocci faces two lawsuits in New York state courts seeking relief for property and other damages that occurred when a housing...

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