ST. PAUL SURPLUS LINES INS. CO. v. 1401 DIXON'S

Civ. A. No. 83-3410.

582 F.Supp. 865 (1984)

ST. PAUL SURPLUS LINES INSURANCE COMPANY v. 1401 DIXON'S, INC., et al.

United States District Court, E.D. Pennsylvania.

April 9, 1984.


Attorney(s) appearing for the Case

Richard M. Shusterman, and Thomas J. Rueter, White & Willaims, Philadelphia, Pa., for St. Paul Surplus Lines Ins. Co.

Stacey L. Schwartz, Peruto, Ryan & Vitullo, Philadelphia, Pa., for 1401 Dixon's, Inc.

Richard P. Mislitsky, Philadelphia, Pa., for Arlene Dean Baylock.


MEMORANDUM

GILES, District Judge.

St. Paul Surplus Lines Insurance Company, ("St. Paul"), seeks a declaratory judgment to the effect that it need not defend or indemnify its insured, 1401 Dixon's, Inc., ("Dixon's"), in a personal injury action pending in state court. St. Paul asserts that exclusions in the policy of insurance, particularly an assault and battery exclusion, relieve it of its duty to defend. In opposition, Dixon's and Arlene Dean Baylock ...

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