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STAEFA CONTROL-SYSTEM v. ST. PAUL FIRE & MARINE

No. C-93-2224 MHP (ENE).

847 F.Supp. 1460 (1994)

STAEFA CONTROL-SYSTEM INC., a California Corporation, Plaintiff, v. ST. PAUL FIRE & MARINE INS. CO. and St. Paul Mercury Ins. Co., Minnesota Corporations, Defendants.

United States District Court, N.D. California.

March 18, 1994.

Attorney(s) appearing for the Case

Robert P. Dahlquist, Latham & Watkins, San Diego, CA, Paul A. Dezurick, Suzanne E. Curtis, Graham & James, San Francisco, CA, for plaintiff.

Peter A. Smalbach, Adams Duque & Hazeltine, Cathy L. Croshaw, Luce Forward Hamilton & Scripps, San Francisco, CA, for defendants.

OPINION

PATEL, District Judge.

This diversity action was brought by plaintiff, Staefa Control System, Inc. ("Staefa"), against defendants, St. Paul Fire & Marine Insurance Company and St. Paul Mercury Insurance Company (collectively "St. Paul"), seeking a declaratory judgment that St. Paul has a duty to defend and indemnify Staefa in an underlying tort action. In addition, Staefa alleges that St. Paul's failure to defend Staefa amounts to breach...

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