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COMMERCIAL UNION INSURANCE CO. OF NEW YORK v. REICHARD

Civ. No. 66-739.

262 F.Supp. 275 (1966)

COMMERCIAL UNION INSURANCE COMPANY OF NEW YORK, a New York corporation, Plaintiff, v. Russel REICHARD, Marjorie Reichard and Paul Dye, d/b/a River Park Trailer Park, Defendants.

United States District Court S. D. Florida, Miami Division.

December 13, 1966.

Attorney(s) appearing for the Case

Knight, Underwood, Peters, Hoeveler & Pickle, Miami, Fla., for plaintiff.

Morgan, Carratt & O'Connor, Fort Lauderdale, Fla., for defendants Reichard.

Carlisle, Zeiher & Byrd, Fort Lauderdale, Fla., for defendant Dye.

PARTIAL SUMMARY JUDGMENT

CABOT, District Judge.

This is a suit by an insurance company seeking a declaratory decree adjudicating it not liable for $30,000.00 punitive damages, which the insured became liable for in a State Court proceeding.

Jurisdiction is founded upon diversity of citizenship. The case is before the Court upon plaintiff insurance company's motion for summary judgment and the plaintiff's motion to dismiss the counterclaim of defendant...

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