HARTFORD FIRE INS. CO. v. GANDY DANCER, LLC

No. CIV 10-0137 JB/RHS.

981 F.Supp.2d 981 (2013)

The HARTFORD FIRE INSURANCE COMPANY, Plaintiff v. GANDY DANCER, LLC; BNSF Railway Company; and Roy D. Mercer, LLC, Defendants, and BNSF Railway Company; Counter-Plaintiff v. The Hartford Fire Insurance Company, Counter-Defendant.

United States District Court, D. New Mexico.

August 30, 2013.


Attorney(s) appearing for the Case

Todd A. Schwarz , Tom Bunting , Miller Stratvert, P.A., Albuquerque, NM, Attorneys for the plaintiff and Counter-Defendant The Hartford Fire Insurance Company.

Robert P. Warburton , Stelzner, Winter, Warburton, Flores, Sanchez & Dawes, P.A., Albuquerque, NM, Attorneys for Defendant Gandy Dancer LLC.

Tim L. Fields , Earl E. DeBrine, Jr. , Paul T. Halajian , Nathan T. Nieman , Modrail, Sperling, Roehl, Harris & Sisk, P.A. Albuquerque, NM, Attorneys for Defendant BNSF Railway Company.

Charles T. DuMars , Tanya L. Scott , Law & Resource Planning Associates Albuquerque, NM, Attorneys for Defendant Roy D. Mercer, LLC.


MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on The Hartford Fire Insurance Company's Motion for Summary Judgment Regarding Personal and Advertising Injury Coverage and Memorandum in Support, filed September 27, 2012 (Doc. 83)("2nd MSJ"). The Court held a hearing on January 7, 2013. The primary issue is whether the "Personal and Advertising Injury" provision of the insurance policies...

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