MEMORANDUM AND ORDER
BECHTLE, District Judge.
This case involves claims by plaintiff, an excess liability insurance carrier, against defendant, a primary liability insurance carrier. Presently before the court is the defendant's motion for summary judgment on Count I of the complaint and dismissal of Counts II and III of the complaint. For the reasons stated herein the motion will be denied.
I. FACTS
During the time period relevant to this...
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