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McALPIN v. RLI INS. CO.

No. 04-CV-6125L.

509 F.Supp.2d 242 (2007)

Patrick W. McALPIN, Plaintiff, v. RLI INSURANCE COMPANY, Defendant.

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

September 5, 2007.

Attorney(s) appearing for the Case

Anthony J. Piazza, Gary H. Abelson, Hiscock & Barclay LLP, Rochester, NY, for Plaintiff.

Joseph D. Picciotti, Harris Beach LLP, Pittsford, NY, for Defendant.

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Plaintiff, Patrick W. McAlpin, commenced this action in New York State Supreme Court, Ontario County, in February 2004, seeking a declaration that defendant, RLI Insurance Co. ("RLI"), is obligated to defend and indemnify him for any and all claims arising out of an automobile accident ("the accident") in which he was involved on October 10, 2002. RLI removed the action to this Court on March 30...

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