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ERIE PAINTING & MAINTENANCE, INC. v. ILLINOIS UNION INS.

No. 09-CV-940S.

876 F.Supp.2d 222 (2012)

ERIE PAINTING & MAINTENANCE, INC., Plaintiff, v. ILLINOIS UNION INSURANCE COMPANY, Defendant.

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

June 25, 2012.

Attorney(s) appearing for the Case

Richard S. Atwater, Trevor Michael Torcello, Gross, Shuman, Brizdle & Gilfillan, P.C., Buffalo, NY, for Plaintiff.

Ryan K. Cummings, Brent John Nowicki, Patrick Tomovic, Hodgson Russ, LLP, Buffalo, NY, for Defendant.

DECISION AND ORDER

WILLIAM M. SKRETNY, Chief Judge.

I. INTRODUCTION

Plaintiff, Erie Painting and Maintenance, Inc., ("Erie Painting"), brings this diversity action seeking a declaration that its insurer, Illinois Union Insurance Company ("Illinois Union"), is required to defend and indemnify it in an underlying action pending in New York State court.

Each party now moves for summary judgment, and those motions have produced a torrent of...

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