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MERCHANTS MUTUAL INS. CO. v. ARTIS

Civ. A. No. 93-0769.

907 F.Supp. 886 (1995)

MERCHANTS MUTUAL INSURANCE CO., Plaintiff, v. Hubert & Rose ARTIS, Policy Holder-Defendants, and Julia Jones, Individually and as Administratrix of the Estates of Preston Moye and Keith Moye, and Lynda McLaughlin, Administratrix of the Estate of Robert Lavenhouse, and Wanda Hartwell, Individually and as Administratrix of the Estate of Anwan Reid, Assignee-Defendants.

United States District Court, E.D. Pennsylvania.

November 21, 1995.

Attorney(s) appearing for the Case

Katherine M. Mezzanotte, James L. Moore, Jr., Mark W. Voigt, Harvey, Pennington, Herting & Renneisen, Ltd., Philadelphia, PA, Stephen A. Sheinen, Harvey, Pennington, Herting and Renneisen, Ltd., Philadelphia, PA, Robert L. Sanzo, Law Offices of Herbert Monheit, Philadelphia, PA, for Merchants Mutual Insurance Company.

Frank A. Rothermel, Law Offices of Herbert Monheit, Philadelphia, PA, for Julia Jones, Individually and as Administratrix of the Estates of Preston Moye and Keith Moye, Lynda McLaughlin, Administratrix of the Estate of Robert Lavenhouse, Wanda Hartwell, Individually and As Administratrix of the Estate of Anwan Reid.

MEMORANDUM AND ORDER

McGLYNN, District Judge.

This declaratory judgment action arises from claims made against Merchant Mutual's insureds, Hubert and Rose Artis (hereinafter the Artises), by the estates of four foster children who perished in a fire in the Artises' foster home on August 31, 1989. Before the court are Cross-Motions for Summary Judgment. Plaintiff, Merchants Mutual contends that it is not contractually bound to provide a defense or...

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