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CONNECTICUT INDEM. CO. v. DER TRAVEL SERVICE, INC.

No. 02-3302.

328 F.3d 347 (2003)

CONNECTICUT INDEMNITY COMPANY, Plaintiff-Appellant, v. DER TRAVEL SERVICE, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 2, 2003.

Rehearing and Rehearing Denied June 3, 2003.

Attorney(s) appearing for the Case

Andrew J. Gallogly (argued), Margolis Edelstein, Philadelphia, PA, for Plaintiff-Appellant.

Malcolm H. Brooks, George M. Sanders (argued), Holland & Knight, Chicago, IL, for Defendant-Appellee.

Before BAUER, ROVNER, and WILLIAMS, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 3, 2003.

BAUER, Circuit Judge.

A consumer fraud lawsuit alleged DER Travel Service, Inc. ("DER") engaged in a scheme to intentionally defraud its customers. DER's insurance company, Connecticut Indemnity Company ("Connecticut"), brought this diversity action seeking a declaratory judgment that it had no obligation to defend DER in the lawsuit. The district court determined that Connecticut had a duty to defend the...

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