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E.PIPHANY, INC. v. ST. PAUL FIRE & MARINE INS. CO.

No. C 08-02621 JW.

590 F.Supp.2d 1244 (2008)

E.PIPHANY, INC., Plaintiff, v. ST. PAUL FIRE & MARINE INSURANCE CO., Defendant.

United States District Court, N.D. California, San Jose Division.

December 16, 2008.

Attorney(s) appearing for the Case

David A. Gauntlett, James A. Lowe, Christopher Lai, Gauntlett & Associates, Irvine, CA, for Plaintiff.

Bruce D. Celebrezze, Michael A. Topp, Sedgwick, Detert, Moran & Arnold LLP, San Francisco, CA, for Defendant.

ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMARY JUDGMENT ON DEFEDANT'S DUTY TO DEFEND; DNYING DEFENDANT'S CROSSMOTION FOR SUMMARY JUDMENT

JAMES WARE, District Judge.

I. INTRODUCTION

E.piphany ("Plaintiff") brings this diversity action against St. Paul Fire & Marine Insurance Co. ("Defendant"), alleging breach of contract and seeking declaratory relief under 28 U.S.C. &...

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