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PRUDENTIAL PROPERTY AND CAS. INS. CO. v. CALVO

No. 88-0815-Civ.

700 F.Supp. 1104 (1988)

PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, Plaintiff, v. Manuel CALVO, Laudelina Calvo, his wife, and Luis M. Calvo, their son, Defendants/Counter-Plaintiffs, v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, Counter-Defendant.

United States District Court, S.D. Florida.

December 16, 1988.

Attorney(s) appearing for the Case

Arthur J. Laplante, Miami, Fla., for plaintiff.

Steven Rudin, Miami, Fla., for defendants/counter-plaintiffs.

ORDER

NESBITT, District Judge.

This cause is before the Court upon the September 19, 1988 motion of Defendant/Counter-Plaintiffs Laudelina Calvo and Luis M. Calvo ("Calvo") for summary judgment arising from a declaratory judgment action brought by a homeowner's insurer against its insured.

I. FACTS

In July 1985, Luis M. Calvo was involved in an altercation with Angelo Leonidis arising out of an incident in which Leonidis allegedly attacked...

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