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FREEDOM GRAVEL PRODUCTS, INC. v. MICHIGAN MUT. INS. CO.

Civ. No. 91-237C.

819 F.Supp. 275 (1993)

FREEDOM GRAVEL PRODUCTS, INC., Plaintiff, v. MICHIGAN MUTUAL INSURANCE COMPANY and its wholly owned subsidiaries, Amerisure Insurance Company, Amerisure Life Insurance Company, Amerisure Incorporated, and Amerisure Re (Bermuda) Ltd., Defendants.

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

April 22, 1993.

Attorney(s) appearing for the Case

Devorsetz Stinziano Gilberti & Smith (Eric M. Alderman, of counsel), Syracuse, NY, for plaintiff.

Grosse, Chelus & Herdzik (Jeanne M. Vinal, of counsel), Buffalo, NY, for defendants.

CURTIN, District Judge.

Background

This case concerns the duty of an insurer to defend and indemnify its insured against a third-party action. The plaintiff, Freedom Gravel ("Freedom"), filed a complaint against the defendants, Michigan Mutual and its wholly owned subsidiaries, Amerisure Insurance Co., Amerisure Life Insurance Co., Amerisure, Inc., and Amerisure Re (Bermuda) Ltd. ("defendants"), alleging breach of contract; negligent, intentional...

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