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HOME INS. CO., INC. v. LIBERTY MUT. INS. CO.

No. 87 Civ. 0675 (SWK).

678 F.Supp. 1066 (1988)

The HOME INSURANCE COMPANY, INC., Plaintiff, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant.

United States District Court, S.D. New York.

January 29, 1988.

Attorney(s) appearing for the Case

Skadden, Arps, Slate, Meagher & Flom, New York City, by Irene A. Sullivan, Sheila L. Birnbaum, Loring I. Fenton, for plaintiff.

Semel, Boeckmann, Diamond, Schepp & Yuhas, New York City, by Irving N. Selkin, for defendant.

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

Plaintiff brings this action for declaratory relief and damages pursuant to 28 U.S. C. § 1332 and 2201. Plaintiff alleges that the defendant has breached an insurance contract by refusing to exhaust the limits of a policy of primary insurance it issued to defendant J.C. Penney. Presently before this Court is plaintiff's motion for partial summary judgment, defendant's cross-motion for summary judgment...

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