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NATIONAL SUR. CORP. v. HARTFORD CAS. INS. CO.

Civil Action No. 3:05-CV-119-S.

445 F.Supp.2d 779 (2006)

NATIONAL SURETY CORPORATION, Plaintiff v. HARTFORD CASUALTY INSURANCE COMPANY, Defendant.

United States District Court, W.D. Kentucky, at Louisville.

August 18, 2006.

Attorney(s) appearing for the Case

Barry Miller, Elizabeth S. Feamster, Timothy Armstrong West, Fowler, Measle & Bell, LLP, Lexington, KY, for Plaintiff.

Douglas L. Hoots, Tyler Griffin Smith, Landrum & Shouse, LLP, Lexington, KY, for Defendant.

MEMORANDUM OPINION

SIMPSON, District Judge.

This matter is before the court on the motion to dismiss by the defendant, the Hartford Casualty Insurance Company ("Hartford"). This case involves the plaintiffs claims for breach of contract and for common law bad faith, under theories of conventional and equitable subrogation. For the reasons set forth below, the court will GRANT the defendant's motion to dismiss.

FACTS

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