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FIDELITY AND CAS. CO. OF NEW YORK v. LODWICK

No. 99-9034-CIV.

126 F.Supp.2d 1375 (2000)

FIDELITY AND CASUALTY COMPANY OF NEW YORK, Plaintiff, v. David LODWICK, individually and as natural parent, legal guardian and next friend of Michael Lodwick, a minor, and Hans L. Brain, Defendants.

United States District Court, S.D. Florida.

December 26, 2000.

Attorney(s) appearing for the Case

Wayne T. Gill, Walton, Lantaff, Schroeder & Carson, West Palm Beach, FL, for Plaintiff.

Gregory W. Coleman, Burman, Critton, Luttier & Coleman, Thomas J. Ali, Kramer, Ali, Fleck, Carothers & Hughs, North Palm Beach, FL, for Defendants.

ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

HURLEY, District Judge.

THIS CAUSE is before the Court upon plaintiff Fidelity and Casualty Company of New York ("Fidelity")'s motion for summary judgment. [DE# 22]. Fidelity seeks a summary judgment declaring that it has no duty to defend or indemnify its insureds, David and Michael Lodwick, against negligence claims arising out of an automobile accident in which Hans L. Brain was injured...

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