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PROCENTURY INS. v. HARBOR HOUSE CLUB CONDOMINIUM

Civil No. 08-5968 (NLH) (KMW).

652 F.Supp.2d 552 (2009)

PROCENTURY INSURANCE COMPANY, Plaintiff/Counterdefendant, v. HARBOR HOUSE CLUB CONDOMINIUM ASSOCIATION, INC., Defendant/Third-Party Plaintiff/Counterclaimant, v. Thomas H. Heist Insurance Agency, Inc., Melissa Tolan, Cowles & Connell, Century Surety Company, Meadowbrook Insurance Group, Inc., Third-Party Defendants, Thomas H. Heist Insurance Agency, Inc., Melissa Tolan, Cross-claimants, v. Cowles & Connell, Century Surety Company, Meadowbrook Insurance Group, Inc., Cross-defendants.

United States District Court, D. New Jersey.

August 19, 2009.

Attorney(s) appearing for the Case

Robert M. Cavalier, Esquire, Lucas & Cavalier, Esqs., Haddon Heights, NJ, for ProCentury Insurance Company, Cowles & Connell, Century Surety Company, Meadowbrook Insurance Group, Inc.

Jonathan Wheeler, Esquire, Law Offices of Jonathan Wheeler, Philadelphia, PA, Salvatore Perillo, Esquire, Nehmad Perillo & Davis, P.C., Somers Point, NJ, for Harbor House Club Condominium Association, Inc.

Lars Stephen Hyberg, Esquire, McAllister, Hyberg, White & Cohen, PC, Northfield, NJ, for Thomas H. Heist Insurance Agency, Inc. and Melissa Tolan.

OPINION

HILLMAN, District Judge.

This matter involves an insurance coverage dispute concerning storm damage to the wharves and piers appertinent to the Harbor House condominiums in Ocean City, New Jersey. Pending before the Court are: (1) the motion of ProCentury Insurance Company ("ProCentury") to dismiss Harbor House Club Condominium Association, Inc.'s ("Harbor House") counterclaim, (2) the cross-motion of Harbor House to dismiss ProCentury's claims in...

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