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FIDELITY & CASUALTY CO. OF NEW YORK v. BUCK KREIHS CO., INC.

Civil Action No. 06-2310, No. 06-2311., 06-2389, 09-4483

FIDELITY & CASUALTY CO. OF NEW YORK v. BUCK KREIHS CO., INC., ET AL. SECTION: "A" (2)

United States District Court, E.D. Louisiana.

December 4, 2012.

ORDER

JAY C. ZAINEY, District Judge.

TIG Insurance Co., as successor by merger to International Insurance Co., as successor by merger to International Surplus Lines Insurance Co. (collectively "TIG"), having moved for summary judgment, and the Court having been advised that Buck Kreihs, while philosophically and personally opposed to the relief prayed for, will not be filing an opposition to the motion for summary judgment,

Accordingly;

IT IS ORDERED that the Motion for Summary Judgment (Rec. Doc. 141) filed by TIG is GRANTED. Coverage under the TIG policies is unambiguously excluded by the 36 month limitation. Based on the 36 month limitation, TIG does not owe coverage or a duty to defend Buck Kreihs1 for the asbestos claims and lawsuits asserted against Buck Kreihs from 1998 through 2012, and any future asbestos lawsuits that may be filed against Buck Kreihs. Each party will bear its own costs.

FootNotes


1. "Buck Kreihs" collectively refers to Buck Kreihs Co., Inc., SANK, Inc., and/or J.K.T. and Associates, Inc.

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