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FIRST STATE INS. CO. v. UTICA MUT. INS. CO.

Civ. A. No. 89-02494-RGS.

870 F.Supp. 1168 (1994)

FIRST STATE INSURANCE COMPANY v. UTICA MUTUAL INSURANCE COMPANY.

United States District Court, D. Massachusetts.

December 2, 1994.

Attorney(s) appearing for the Case

Robert H. Gaynor, Sloane & Walsh, John F. Kehoe, Kehoe & Crosson, Boston, MA, for First State Ins. Co.

John G. Ryan, Finnegan, Underwood, Coombs, Ryan & Tierney, Eugene G. Coombs, Jr., Kilburn & Goscinak, Boston, MA, for Utica Mut. Ins. Co., Inc.

MEMORANDUM OF DECISION AND ORDER

STEARNS, District Judge.

This trial came before the court sitting without a jury. The plaintiff, First State Insurance Co. (First State), an excess insurance carrier, seeks to recover an insurance payment that it made on behalf of an insured of the defendant Utica Mutual Insurance Co. (Utica). The Complaint alleges that Utica refusal to respond reasonably to an offer to settle the underlying claim caused First State...

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