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COLONIAL TANNING CORP. v. HOME INDEM. CO.

No. 90-CV-900.

780 F.Supp. 906 (1991)

COLONIAL TANNING CORPORATION, Plaintiff, v. HOME INDEMNITY COMPANY, Employers Insurance of Wausau, a Mutual Company, and Liberty Mutual Insurance Company, Defendants.

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

December 20, 1991.

Attorney(s) appearing for the Case

Whiteman Osterman & Hanna, Albany, N.Y. (Jean F. Gerbini, of counsel), for plaintiff.

Hiscock & Barclay, Syracuse, N.Y. (Robert A. Barrer, of counsel), for defendant Home Indem. Co.

Gulling Schimpt & Taylor, Albany (Don Gulling, of counsel), Mintz Levin Cohn Ferris Glovsky and Popeo, Boston, Mass. (Martha J. Koster, of counsel), for defendant Liberty Mut. Ins. Co.

Zelle & Larson, Waltham, Mass. (John Harding, Jr., of counsel), for defendant Employers Ins. of Wausau.

MEMORANDUM-DECISION AND ORDER

McCURN, Chief Judge.

For the most part, the issues raised by these motions do not present uncharted waters for this court. On several previous occasions the court has been confronted with legal issues which commonly arise when an insured is seeking to have its insurance company defend and/or indemnify it in an underlying environmental proceeding. See, e.g., State of New York v. Blank, 745 F.Supp. 841...

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