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JEFFERSON INS. CO. OF NEW YORK v. CASSELLA

No. CV 00-5898(DRH)(ARL).

261 F.Supp.2d 160 (2003)

JEFFERSON INSURANCE COMPANY OF NEW YORK, Plaintiff, v. Michael CASSELLA, Thomas J. Cassella, Dolphin Marine Transport, Inc., Keith Couch, a minor child, John Munro, a minor child, James Presta, a minor child, Defendants.

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

May 7, 2003.

Attorney(s) appearing for the Case

Speyer & Perlberg, L.L.P. by Thomas E. Scott, Esq., Melville, NY, Goldman & Hellman by Steven Goldman, Esq., Fort Lauderdale, FL, for Plaintiff.

Strongin, Rothman & Abrams, LLP by David Abrams, Esq., New York, for Defendant Michael Cassella.

McKeegan, McShane & Drago by George P. McKeegan, Esq., New York City, for Defendant Dolphin Marine Transport, Inc.

MEMORANDUM & ORDER

HURLEY, District Judge.

In a declaratory judgment action involving a marine insurance contract, the Parties have filed cross-motions for summary judgment. For the reasons discussed infra, the Court grants the Defendants' motion and denies the Plaintiffs motion.

I. BACKGROUND.

On or about March 30, 2000, Plaintiff issued a marine insurance policy ("Policy") to Defendant Michael Cassella. The Policy was...

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