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CHAMPLAIN ENTERPRISES, INC. v. CHUBB CUSTOM INS. CO.

No. 02-CV-1579.

316 F.Supp.2d 123 (2003)

CHAMPLAIN ENTERPRISES, INC., Plaintiff, v. CHUBB CUSTOM INSURANCE COMPANY, Defendant.

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

April 7, 2003.

Attorney(s) appearing for the Case

Harris Beach LLP, Plattsburgh, NY, Edward J. Trombley, William L. Owens, of Counsel, Attorneys for Plaintiff.

Iseman, Cunningham, Riester & Hyde LLP, Albany, NY, Michael J. Cunningham, of Counsel, Attorneys for Defendant.

Hogan & Hartson, Washington, D.C., David J. Hensler, Kristen A. Donoghue, of Counsel, Attorneys for Defendant.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Plaintiff Champlain Enterprises, Inc. ("plaintiff") brought suit against defendant Chubb Custom Insurance Company ("defendant"), seeking a declaratory judgment that defendant is obligated to defend and, if necessary, indemnify it in a suit brought against plaintiff by participants in its employee stock ownership plan.

Defendant filed a motion to dismiss the complaint...

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