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TED BERRY CO., INC. v. EXCELSIOR INS. CO.

Civil No. 2:13-CV-342-DBH.

997 F.Supp.2d 66 (2014)

TED BERRY COMPANY, INC., Plaintiff, v. EXCELSIOR INSURANCE COMPANY, Defendant.

United States District Court, D. Maine.

February 4, 2014.

Attorney(s) appearing for the Case

Adam S. Taylor, H. Ilse Teeters-Trumpy, Taylor, McCormack & Frame, LLC, Portland, ME, for Plaintiff.

Carol I. Eisenberg, John S. Whitman, Richardson, Whitman, Large & Badger, Portland, ME, for Defendant.

DECISION AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

D. BROCK HORNBY, District Judge.

This is a dispute about an insurance company's duty to defend its insured for property damages under a commercial general liability (CGL) policy and exclusions associated with such a policy. On the duty to defend (Counts I and II), the record is stipulated. It consists of the applicable CGL policy and a New Hampshire complaint against the insured for breach of contract...

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