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WESTPORT INS. v. ST. PAUL FIRE AND MARINE INS. CO.

No. 3:04CV1848(JBA).

375 F.Supp.2d 4 (2005)

WESTPORT INSURANCE v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY and Carol Briggs

United States District Court, D. Connecticut.

June 14, 2005.

Attorney(s) appearing for the Case

David L. Woodard, Moukawsher & Walsh, Frank G. Usseglio, Kenny, O'Keefe & Usseglio, Hartford, CT, Jeffrey A. Goldwater, Robert A. Chaney, Bollinger, Ruberry & Garvey, Chicago, IL, for Westport Insurance.

April Haskell, Montstream & May, Glastonbury, CT, for St. Paul Fire and Marine Insurance Company and Carol Briggs.

Ruling on Defendant's Motion to Dismiss [Doc. # 13]

ARTERTON, District Judge.

Defendant St. Paul Fire and Marine Insurance Company ("St.Paul") moves to dismiss the complaint of plaintiff Westport Insurance ("Westport") for failure to state a claim. For the reasons that follow, defendant's motion is DENIED.

I. Background

In this equitable subrogation action, Westport seeks reimbursement from St. Paul for the amounts it paid in...

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