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SENTRY INS. A MUT. CO. v. McWHINNIE

Civil Action No. 07-10561-NMG.

510 F.Supp.2d 165 (2007)

SENTRY INSURANCE A MUTUAL COMPANY, Plaintiff, v. PAUL McWHINNIE, Karen McWhinnie, Alexander Athanasiou, Caterina Raffa, Evelyn Scaringi, Remax Real Estate Center, Diane Cohen and NRT New England Inc. a/k/a Hunneman Real Estate Corp. A/k/a Coldwell Banker Residential Brokerage, Defendants.

United States District Court, D. Massachusetts.

September 21, 2007.

Attorney(s) appearing for the Case

Wesley S. Chused, Looney & Grossman LLP, Boston, MA, for Plaintiff.

Timothy K. Cutler, Cutler and Associates, Maureen E. Lane, Richard J. Shea, Melick, Porter & Shea, LLP, Matthew L. Lunenfeld, Matthew T. Murphy, Casner & Edwards, LLP, Bradley A. Singer, Looney & Grossman LLP, Boston, MA, Joseph E. Phelan, Phelan Law Offices, P.C., Norwell, MA, for Defendants.

MEMORANDUM & ORDER

GORTON, District Judge.

The plaintiff, an insurance company, has filed a motion for summary judgment in which it seeks a declaration that it owes its insured no duty to defend or indemnify with respect to a civil action pending in state court. The defendant insured opposes that motion and seeks a stay of the instant action pending resolution of the state court case. The motions are resolved as follows.

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