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WESTPORT INS. CORP. v. COTTEN SCHMIDT, LLP

Civil Action No. 4:07-CV-664-Y.

605 F.Supp.2d 796 (2009)

WESTPORT INSURANCE CORPORATION v. COTTEN SCHMIDT, LLP, et al.

United States District Court, N.D. Texas, Fort Worth Division.

March 18, 2009.

Attorney(s) appearing for the Case

Ellen Van Meir, Melanie Harber Sumrow, Thompson Coe Cousins & Irons, Dallas, TX, for Plaintiff.

David J. Schubert, Blake S. Evans, Schubert & Evans, Dallas, TX, Roland K. Johnson, Harris Finley & Bogle, Fort Worth, TX, for Defendants.

ORDER GRANTING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND STAY

TERRY R. MEANS, District Judge.

Pending before the Court is Defendants' Motion for Partial Summary Judgment (doc. # 17). Also before the Court is Plaintiff's Response and Cross-Motion for Summary Judgment (doc. # 20). After review of the motions, the Court concludes that Westport owes a duty to defend and that the question of the duty to indemnify is not justiciable at this point...

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