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FEDERAL KEMPER INS. CO. v. WARD

Civ. A. No. 83-2662.

679 F.Supp. 489 (1988)

FEDERAL KEMPER INSURANCE CO. v. Shirley WARD, Administratrix of the Estate of Ward, Richard, deceased; and Wilson Walters, Susan Penny; and Vogelsong, Elaine, in her own right and for the Estate of Vogelsong, Charles W., deceased; and Patrick, William & Velva, in their own name and as parents & co-administrators of the Estate of Patrick, Micah; and Barton, James H. & Charlene, co-administrators of the Estate of Barton, Jeffrey; and Barton, James H. & Charlene, co-administrators of the Estate of Barton, Karen; and Vogelsong, Elaine W.; and Barton, Charles V.; and Barton, Jennifer; and Patrick, Velva V.

United States District Court, E.D. Pennsylvania, Civil Div.

February 10, 1988.

Attorney(s) appearing for the Case

Roger E. Legg, West Chester, Pa., for plaintiff.

Patrick T. Ryan, Philadelphia, Pa., Michael J. Reed, Paoli, Pa., Joseph G. Riper, Thomas A. Pitt, Jr., Cathy Wilson Huzzard, West Chester, Pa., for defendants.

MEMORANDUM AND ORDER

VAN ANTWERPEN, District Judge.

This matter comes before the court under the Declaratory Judgment Act, 28 U.S. C.A. §§ 2201 and 2202 (West 1982 & Supp. 1987) for a determination as to whether or not plaintiff Federal Kemper Insurance Company (Kemper) is obligated to defend and indemnify defendant Shirley Ward (Shirley) as administratrix of the estate of Richard Ward (Rick), deceased. The parties do not dispute that diversity...

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