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AMERICAN HOME ASSUR. v. PACIFIC INDEM. CO., INC.

Civ. A. No. 86-2375.

672 F.Supp. 495 (1987)

AMERICAN HOME ASSURANCE COMPANY, Plaintiff, v. PACIFIC INDEMNITY COMPANY, INC., and American Business Insurance Agency, Inc., f/k/a Nordstrom Larpenteur Agency, Defendants.

United States District Court, D. Kansas.

As Amended November 25, 1987.

Attorney(s) appearing for the Case

James Borthwick, Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, Mo., Stephen M. Fitzgerald, Blackwell, Sanders, Matheny, Weary & Lombardi, Overland Park, Kan., for plaintiff.

Bill E. Fabian, David M. Druten, Charles A. Getto, McAnany, Van Cleave & Phillips, Kansas City, Kan., for defendants.

MEMORANDUM AND ORDER

EARL E. O'CONNOR, Chief Judge.

This matter is before the court on the motion for summary judgment of defendant American Business Insurance Agency, Inc. (hereinafter "ABI"). Plaintiff American Home Assurance Company (hereinafter "American Home") brought this action against ABI, among others, to recover under negligence and equitable estoppel theories for ABI's alleged failure to reduce American Home's exposure as an insurer, as requested...

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