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LAPOLLA INDUSTRIES, INC. v. ASPEN SPECIALTY INS.

No. CV 12-5910.

962 F.Supp.2d 479 (2013)

LAPOLLA INDUSTRIES, INC., Plaintiff, v. ASPEN SPECIALTY INSURANCE COMPANY, Aspen Specialty Insurance Management, Inc., Defendants.

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

August 19, 2013.

Attorney(s) appearing for the Case

Baker & Hosteller, LLP by George A. Stambouhdis, Esq., New York, NY, Hoover Slovacek LLP by Matthew A. Kornhauser, Esq., Dylan B. Russell, Esq., Mitchell A. Ward, Esq., Sidney Watts, Esq., Houston, TX, Greenbaum Rowe Smith Ravin Davis & Himmel, LLP by Robert M. Goodman, Esq., Clifford B. Kornbrek, Esq., Roseland, NJ, for Plaintiff

Goldberg Segalla LLP by Richard J. Ahn, Esq., Joseph A. Oliva, Esq., New York, NY, for Defendants.

MEMORANDUM AND ORDER

WEXLER, District Judge.

This is a declaratory judgment action brought by Plaintiff, Lapolla Industries, Inc. ("Plaintiff" or "Lapolla"), seeking a judgment declaring that the Defendant insurers are obligated to defend and indemnify Plaintiff in connection with a personal injury action now pending in this court (the "Underlying Action"). Presently before the court is the motion of Defendants, pursuant to Rule 12(b)(6) of the Federal Rules...

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