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SUNHAM HOME FASHIONS, LLC v. DIAMOND STATE INS.

No. 11 Civ. 372(DLC).

813 F.Supp.2d 411 (2011)

SUNHAM HOME FASHIONS, LLC, Plaintiff, v. DIAMOND STATE INSURANCE COMPANY, Defendant. Diamond State Insurance Company, Third-Party Plaintiff, v. Lumbermans Mutual Casualty Company a/k/a Lumbermans Mutual Group a/k/a Kemper Casualty Insurance Company, Third-Party, Defendant.

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

August 29, 2011.

Attorney(s) appearing for the Case

Eugene Killian, Jr. , The Killian Firm, P.C., New York, NY, David A. Gauntlett , Robert Scott Lawrence , Gauntlett & Associates, Irvine, CA, for Plaintiff.

Miranda Sambursky Slone , Sklarin Verveniotis, LLP, Mineola, NY, for Defendant.

Joseph DeDonato , Mark Hall , Morgan Melhuish Abrutyn , New York, NY, for Third-Party Defendant.

OPINION & ORDER

DENISE COTE, District Judge:

Plaintiff Sunham Home Fashions, LLC ("Sunham"), a textile manufacturer and designer, brings this action against its excess insurance carrier Diamond State Insurance Company ("Diamond") seeking reimbursement of the settlement amount paid in a copyright infringement action and recovery of its defense costs. Diamond in turn seeks indemnification from Sunham's primary insurer, Lumbermans Mutual Casualty...

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