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COMMERCIAL FINANCIAL SERV. v. GREAT AMERICAN INS.

No. 02 Civ. 7168(RPP).

381 F.Supp.2d 291 (2005)

COMMERCIAL FINANCIAL SERVICES, INC., by Lloyd T. Whitaker, Trustee of the ABS Liquidating Trust, Representative and Attorney-in-Fact for Commercial Financial Services, Inc., Plaintiff, v. GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, Ohio Casualty Insurance Company, and Westchester Fire Insurance Company, Defendants.

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

August 5, 2005.

Attorney(s) appearing for the Case

Latham & Watkins LLP, Washington, DC by Richard A. Conn, Jr., Latham & Watkins LLP, New York, NY, Walter P. Loughlin, Kilpatrick Stockton LLP, Atlanta, GA by Caroline W. Spangenberg, for Plaintiff Commercial Financial Services, Inc.

L'Abbate, Balkan, Colavita & Contini, L.L.P., New York, NY by Noah Nunberg, for Defendant Great American Insurance Company of New York and Ohio Casualty Insurance Company.

Lustig & Brown, New York, NY by James Duggan, Sherri Robinson, for Defendant Westchester Fire Insurance Company.

OPINION AND ORDER

ROBERT P. PATTERSON, JR., District Judge.

Defendants Great American Insurance Company of New York ("Great American") and Ohio Casualty Insurance Company ("Ohio Casualty"), joined by Westchester Fire Insurance Company ("Westchester Fire"), issuers of umbrella and excess liability insurance coverage to Plaintiff, Commercial Financial Services, Inc. ("CFS"), move to dismiss the First Amended Complaint ("Am.Complaint"), pursuant to Rule 12...

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