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INDIAN HARBOR INS. CO. v. CITY OF SAN DIEGO

No. 12 Civ. 5787(JGK).

972 F.Supp.2d 634 (2013)

INDIAN HARBOR INSURANCE COMPANY, Plaintiff, v. The CITY OF SAN DIEGO, Defendant. California State Association of Counties Excess Insurance Authority and Insurance Company of the State of Pennsylvania, Defendant-Intervenors.

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

September 25, 2013.

Attorney(s) appearing for the Case

Jessica Arlauckas Bohl , Duane Morris, LLP, New York, NY, Sheila Raftery Wiggins , Duane Moms, LLP, Newark, NJ, Jessica E. La Londe , Max H. Stern , Duane Morris LLP, San Francisco, CA, for Plaintiff.

David Paul Bender, Jr. , Caroline R. Hurtado , Kathleen F. Donovan , Michael John Stoner , Anderson Kill & Olick, P.C, New York, NY, Christine Marie Leone , City of San Diego City Attorney's Office, San Diego, CA, for Defendant.

OPINION AND ORDER

JOHN G. KOELTL, District Judge:

The plaintiff Indian Harbor Insurance Company ("Indian Harbor") brought this action against the City of San Diego ("the City") seeking a declaratory judgment pursuant to 28 U.S.C. §§ 2201 and 2202 that it has no duty to defend or indemnify the City for three pollution liability claims made against the City. Indian Harbor has moved for summary judgment pursuant to Federal Rule of Civil Procedure...

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