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COLONY INSURANCE COMPANY v. DANLY, INC.

Civil No. 10-308-P-H.

755 F.Supp.2d 219 (2010)

COLONY INSURANCE COMPANY, Plaintiff, v. DANLY, INC., et al., Defendants, and Babak Yazdani, et al., Parties-In-Interest.

United States District Court, D. Maine.

December 9, 2010.

Attorney(s) appearing for the Case

Jeffrey A. Thaler, Kathryn W. McGintee, Bernstein, Shur, Portland, ME, Larry I. Gramovot, Tallahassee, FL, for Plaintiff.

James M. Bowie, Thompson & Bowie, LLP, Portland, ME, for Defendants.

Benjamin Zuckerman, Greenberg Traurig, P.A., Boca Raton, FL, David S. Panzer, Greenberg Traurig, LLP, Washington, DC, for Parties-In-Interest.

DECISION AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT

D. BROCK HORNBY, District Judge.

In this declaratory judgment lawsuit, an excess liability insurance carrier seeks judgment that it has no obligation to pay benefits under its policy. The reasons, it says, are that (1) the underlying tort lawsuit, also filed in this court, Yazdani v. Danly, Inc., No. 2:09cv108-DBH ("the underlying lawsuit"), has been settled without its consent, and (2) the settlement...

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