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LEXINGTON INS. CO. v. WESTERN PENNSYLVANIA HOSP.

Civil Action No. 03-1675.

318 F.Supp.2d 270 (2004)

LEXINGTON INSURANCE COMPANY, Plaintiff, v. WESTERN PENNSYLVANIA HOSPITAL, et al., Defendants.

United States District Court, W.D. Pennsylvania.

February 6, 2004.

Attorney(s) appearing for the Case

Jay M. Levin, Richard C. Mason, June E. Gilson, Deborah M. Minkoff, Cozen & O'Connor, Philadelphia, PA, for Plaintiff.

Edward B. Wood, Douglas L. Price, Harry S. Cohen & Associates, Pittsburgh, PA, for Defendants.

OPINION

HARDIMAN, District Judge.

I. Introduction

This declaratory judgment action was brought by Lexington Insurance Company ("Lexington") against its insured, Western Pennsylvania Hospital ("West Penn"), as well as Elizabeth and Harry Lieb (the "Liebs"), who filed a medical malpractice action in state court against West Penn (the "Lieb Claim"). Although there is no dispute that West Penn has primary insurance coverage for the Lieb Claim...

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