National Pastime Sports, LLC v. CSI Insurance Group et al Featured Case

National Pastime Sports, LLC seeks a declaratory judgment that New Hampshire Insurance Company must indemnify and defend Plaintiff and the Cleveland Indians in a personal injury lawsuit filed against Plaintiff because of injuries caused when an inflatable slide tipped over during a Kid's Fun Day on June 12, 2010.

Plaintiff: National Pastime Sports, LLC
Defendant: CSI Insurance Group and New Hampshire Insurance Company
Cross_defendant: National Pastime Sports, LLC
Thirdparty_defendant: CLEVELAND INDIANS Baseball Company, Inc.
Thirdparty_plaintiff: New Hampshire Insurance Company
Cross_claimant: New Hampshire Insurance Company
Case Number: 2:2011cv11378
Filed: April 1, 2011
Court: Michigan Eastern District Court
Office: Detroit Office
County: Oakland
Presiding Judge: Sean F. Cox
Referring Judge: Mona K. Majzoub
Nature of Suit: Insurance
Cause of Action: 28:1332
Jury Demanded By: Defendant

Docket Report

We have record of the following docket entries for this case:

Date Filed#Document Text
May 4, 2012 70 CERTIFICATE OF SERVICE re 68 Notice of Appeal,. (DPer)
May 4, 2012 69 CERTIFICATE OF SERVICE re 67 Notice of Appeal. (DPer)
May 3, 2012 68 NOTICE OF APPEAL by CLEVELAND INDIANS Baseball Company, Inc. re 66 Judgment, 49 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, 62 Order on Motion for Reconsideration. Receipt No: 0645-3514734 - Fee: $ 455 - Fee Status: Fee Paid. (Thomas, Michelle)
May 3, 2012 67 NOTICE OF APPEAL by National Pastime Sports, LLC re 65 Order, 66 Judgment. Receipt No: 0645-3514087 - Fee: $ 455 - Fee Status: Fee Paid. (Burdett, Howard)
April 18, 2012 66 JUDGMENT Signed by District Judge Sean F. Cox. (JHer)
April 18, 2012 65 Featured Case AMENDED ORDER GRANTING 39 MOTION for Summary Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) and, in the Alternative, Summary Judgment Under Fed. R. Civ. P. 56 filed by New Hampshire Insurance Company. Signed by District Judge Sean F. Cox. (JHer)
April 13, 2012 64 Featured Case ORDER REFERRING CASE to Mediation. Signed by District Judge Sean F. Cox. (JHer)
April 12, 2012 63 Featured Case OPINION AND ORDER granting 39 Motion for Summary Judgment. Signed by District Judge Sean F. Cox. (JHer)
April 5, 2012 Minute Entry - Motion Hearing held on 4/5/2012 re 39 MOTION for Summary Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) and, in the Alternative, Summary Judgment Under Fed. R. Civ. P. 56 filed by New Hampshire Insurance Company before District Judge Sean F. Cox. Disposition: Taken Under Advisement (Court Reporter Rene Twedt) (JHer)
March 29, 2012 62 Featured Case ORDER denying 50 Motion for Reconsideration. Signed by District Judge Sean F. Cox. (JHer)
March 19, 2012 61 Featured Case STIPULATION AND ORDER Dismissing Defendant CSI Insurance Group. Signed by District Judge Sean F. Cox. (JHer)
February 23, 2012 60 RESPONSE to 50 MOTION for Reconsideration re 49 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment MOTION for Reconsideration re 49 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment MOTION for Reconsideration re 49 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment MOTION for Reconsideration re 49 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment filed by CSI Insurance Group. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Bingham v. Bank of America, # 3 Exhibit 2 - Petfreedom.com, LLC v. Net Generation, Inc., # 4 Exhibit 3 - Matz v. Northwest Airlines) (Anderson, David)
February 10, 2012 Reset Deadlines/Hearings as to 39 MOTION for Summary Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) and, in the Alternative, Summary Judgment Under Fed. R. Civ. P. 56 Motion Hearing reset for 4/5/2012 03:00 PM before District Judge Sean F. Cox (JHer)
February 10, 2012 59 Featured Case ORDER REQUIRING RESPONSIVE PLEADING to 50 MOTION for Reconsideration re 49 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment ( Responses due by 2/24/2012) Signed by District Judge Sean F. Cox. (JHer)
January 10, 2012 58 Featured Case ORDER Compelling Discovery re 57 Stipulation filed by CSI Insurance Group. Signed by District Judge Sean F. Cox. (JHer)
January 5, 2012 57 STIPULATION Compelling Discovery from Plaintiff by CSI Insurance Group (Anderson, David)
December 30, 2011 Reset Deadlines as to 39 MOTION for Summary Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) and, in the Alternative, Summary Judgment Under Fed. R. Civ. P. 56. Motion Hearing reset for 2/16/2012 03:00 PM before District Judge Sean F. Cox (JHer)
December 28, 2011 56 WITNESS LIST by National Pastime Sports, LLC (Burdett, Howard)
December 28, 2011 55 WITNESS LIST by New Hampshire Insurance Company (Wilinski, Nicole)
December 28, 2011 54 Lay WITNESS LIST by CSI Insurance Group (Anderson, David)
December 27, 2011 53 WITNESS LIST by CLEVELAND INDIANS Baseball Company, Inc. (DeGrood, George)
December 15, 2011 52 Expert WITNESS LIST by New Hampshire Insurance Company (Wilinski, Nicole)
December 12, 2011 51 Expert WITNESS LIST by CSI Insurance Group (Anderson, David)
December 1, 2011 50 MOTION for Reconsideration re 49 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment by CLEVELAND INDIANS Baseball Company, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Production Agreement, # 3 Exhibit B - Annual Events Application, # 4 Exhibit C - Correspondence from NHI Claims Admin, # 5 Exhibit D - Certificate of Insurance, # 6 Exhibit E - Affidavit of Francine Sommers, # 7 Exhibit F - Copies of E-Mails dated 6/22/10, # 8 Exhibit G - Case of Williams v Polgar, # 9 Exhibit H - Case of Stockler v Rose, # 10 Exhibit I - Case of Alfieri v Bertorelli, # 11 Exhibit Case of Mich. Tooling v Farmington Ins. Agency, # 12 Exhibit K - Proposed First Amended Fourth-Party Complaint) (DeGrood, George)
November 17, 2011 49 Featured Case OPINION AND ORDER dismissing 28 Motion for Summary Judgment; denying as moot 45 Motion for Partial Summary Judgment. Signed by District Judge Sean F. Cox. (JHer)
November 15, 2011 48 Expert WITNESS LIST by CLEVELAND INDIANS Baseball Company, Inc. (DeGrood, George)
November 7, 2011 47 RESPONSE to 45 MOTION for Partial Summary Judgment filed by CSI Insurance Group. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Commerical Lines Policy, # 3 Exhibit 2 - Additional Insured Endorsement, # 4 Exhibit 3 - Certificate of Insurance, # 5 Exhibit 4 - August 11, 2010 Letter from York Specialized Adjusting, # 6 Exhibit 5 - Endorsement Form 100456 3 09, # 7 Exhibit 6 - Endorsement Form 100462 3 09, # 8 Exhibit 7 - Belfour USA Group, Inc. v. Alexis Manor Apartments, # 9 Exhibit 8 - Parry v. Cairns, # 10 Exhibit 9 - Nokielski v. Colton) (Anderson, David)
November 3, 2011 Minute Entry - Motion Hearing held on 11/3/2011 re 28 MOTION for Summary Judgment of Cleveland Indians Baseball Company, Inc.'s "Fourth Party Complaint" filed by CSI Insurance Group before District Judge Sean F. Cox. Disposition: Taken Under Advisement (Court Reporter Marie Metcalf) (JHer)
November 3, 2011 Set Deadlines as to 28 MOTION for Summary Judgment of Cleveland Indians Baseball Company, Inc.'s "Fourth Party Complaint". Motion Hearing set for 11/3/2011 02:30 PM (TIME CHANGE) before District Judge Sean F. Cox (JHer)
October 20, 2011 46 NOTICE of hearing on 45 MOTION for Partial Summary Judgment, 39 MOTION for Summary Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) and, in the Alternative, Summary Judgment Under Fed. R. Civ. P. 56 Motion Hearing set for 1/12/2012 04:00 PM before District Judge Sean F. Cox (JHer)
October 17, 2011 45 MOTION for Partial Summary Judgment by CLEVELAND INDIANS Baseball Company, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Production Agreement, # 3 Exhibit B - Application, # 4 Exhibit C - Correspondence dated 8/10/11 from NHI, # 5 Exhibit D - Certificate of Insurance, # 6 Exhibit E - Affidavit of Francine Sommers) (DeGrood, George)
October 12, 2011 44 REPLY to Response re 39 MOTION for Summary Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) and, in the Alternative, Summary Judgment Under Fed. R. Civ. P. 56 MOTION for Summary Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) and, in the Alternative, Summary Judgment Under Fed. R. Civ. P. 56 filed by New Hampshire Insurance Company. (Gerish, Jeffrey)
October 7, 2011 43 RESPONSE to 39 MOTION for Summary Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) and, in the Alternative, Summary Judgment Under Fed. R. Civ. P. 56 MOTION for Summary Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) and, in the Alternative, Summary Judgment Under Fed. R. Civ. P. 56 filed by CLEVELAND INDIANS Baseball Company, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Plaintiff's Complaint, # 3 Exhibit 2 - Affidavit of Francine Sommers) (Thomas, Michelle)
October 7, 2011 42 NOTICE of Appearance by Michelle A. Thomas on behalf of CLEVELAND INDIANS Baseball Company, Inc.. (Thomas, Michelle)
September 25, 2011 41 RESPONSE to 39 MOTION for Summary Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) and, in the Alternative, Summary Judgment Under Fed. R. Civ. P. 56 MOTION for Summary Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) and, in the Alternative, Summary Judgment Under Fed. R. Civ. P. 56 filed by National Pastime Sports, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Ohio Lawsuit, # 3 Exhibit B - Insurance Policy, # 4 Exhibit C - Lavdas unpublished opinion, # 5 Exhibit D - Weber unpublished opinion, # 6 Exhibit E - Wixon unpublished opinion) (Burdett, Howard)
September 21, 2011 40 NOTICE of hearing on 39 MOTION for Summary Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) and, in the Alternative, Summary Judgment Under Fed. R. Civ. P. 56. Motion Hearing set for 11/3/2011 03:00 PM before District Judge Sean F. Cox (JHer)
August 31, 2011 39 MOTION for Summary Judgment on the Pleadings Under Fed. R. Civ. P. 12(c) and, in the Alternative, Summary Judgment Under Fed. R. Civ. P. 56 by New Hampshire Insurance Company. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-CGL Policy, # 3 Exhibit B-Underlying Complaint, # 4 Exhibit C-City of South Lyon v. DeMaria Building Co., # 5 Exhibit D-Karkoukli's Inc. v. Walgreen Co., # 6 Exhibit E-Jackimowicz v. Citizens Ins. Co. of America) (Gerish, Jeffrey)
August 17, 2011 38 Featured Case SCHEDULING ORDER: Discovery due by 1/31/2012 Motion Cut-off set for 3/2/2012 Final Pretrial Conference set for 7/16/2012 02:00 PM before District Judge Sean F. Cox Trailing Trial Docket set for September/October 2012 Signed by District Judge Sean F. Cox. (Refer to image for additional dates) (JHer)
August 16, 2011 Minute Entry - Scheduling Conference held on 8/16/2011 before District Judge Sean F. Cox. (JHer)
August 15, 2011 37 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Burdett, Howard)
August 4, 2011 36 REPLY to Response re 28 MOTION for Summary Judgment of Cleveland Indians Baseball Company, Inc.'s "Fourth Party Complaint" filed by CSI Insurance Group. (Anderson, David)
August 1, 2011 35 RESPONSE to 31 Answer to Counterclaim Affirmative and Avoidance Defenses by CLEVELAND INDIANS Baseball Company, Inc.. (DeGrood, George)
July 25, 2011 34 RESPONSE to 28 MOTION for Summary Judgment of Cleveland Indians Baseball Company, Inc.'s "Fourth Party Complaint" filed by CLEVELAND INDIANS Baseball Company, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Production Agreement, # 3 Exhibit B - Annual Events Application, # 4 Exhibit C - Correspondence dated 8/11/10, # 5 Exhibit D - Certificate of Insurance, # 6 Exhibit E - Affidavit of Francine Sommers, # 7 Exhibit F - CSI emails dated 6/22/10) (DeGrood, George)
July 21, 2011 33 NOTICE of Error re 30 Response to Motion. (TMcg)
July 21, 2011 32 NOTICE of hearing on 28 MOTION for Summary Judgment of Cleveland Indians Baseball Company, Inc.'s "Fourth Party Complaint". Motion Hearing set for 11/3/2011 03:00 PM before District Judge Sean F. Cox. (JHer)
July 15, 2011 31 ANSWER to Counterclaim with Affirmative Defenses and Avoidance Defenses by New Hampshire Insurance Company. (Gerish, Jeffrey)
July 13, 2011 30 [STRICKEN] RESPONSE to 28 MOTION for Summary Judgment of Cleveland Indians Baseball Company, Inc.'s "Fourth Party Complaint" filed by CLEVELAND INDIANS Baseball Company, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Production Agreement, # 3 Exhibit B - Annual Events Application, # 4 Exhibit C - Correspondence dated 8/11/10, # 5 Exhibit D - Certificate of Insurance, # 6 Exhibit E - Affidavit of Francine Sommers, # 7 Exhibit F - CSI e-mails dated 6/22/10) (DeGrood, George) Modified on 7/21/2011 (TMcg).
July 7, 2011 29 NOTICE TO APPEAR: Scheduling Conference set for 8/16/2011 02:30 PM before District Judge Sean F. Cox (TKat)
June 21, 2011 28 MOTION for Summary Judgment of Cleveland Indians Baseball Company, Inc.'s "Fourth Party Complaint" by CSI Insurance Group. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - National Pastime Sports, LLC's Commercial Lines Policy, # 3 Exhibit 2 - National Pastime Sports, LLC's Additional Insured Endorsements, # 4 Exhibit 3 - National Pastime Sports, LLC's Certificate of Insurance, # 5 Exhibit 4 - August 11, 2011 Letter from York Specialized Adjusting, # 6 Exhibit 5 - National Pastime Sports, LLC's Endorsement Form 100456 3 09, # 7 Exhibit 6 - National Pastime Sports, LLC's Endorsement Form 100462 3 09, # 8 Exhibit 7 - Belfour USA Group, Inc. v. Alexis Manor Apartments, # 9 Exhibit 8 - Parry v. Cairns, # 10 Exhibit 9 - Nokielski v Colton) (Anderson, David)
June 17, 2011 27 Featured Case STIPULATION AND ORDER Extending Time for Defendant CSI to Respond re 25 Third Party Complaint. Responsive pleading due 7/15/2011. Signed by District Judge Sean F. Cox. (JHer)
June 13, 2011 26 Featured Case STIPULATION AND ORDER Extending time for Defendant NHIC to respond re 24 Counterclaim. Responsive pleading due 7/15/2011. Signed by District Judge Sean F. Cox. (JHer)
May 27, 2011 25 THIRD PARTY COMPLAINT filed by CLEVELAND INDIANS Baseball Company, Inc. against CSI Insurance Group (DeGrood, George)
May 27, 2011 24 COUNTERCLAIM filed by CLEVELAND INDIANS Baseball Company, Inc. against New Hampshire Insurance Company (DeGrood, George)
May 27, 2011 23 ANSWER to Third Party Complaint with Affirmative Defenses by CLEVELAND INDIANS Baseball Company, Inc.. (DeGrood, George)
May 27, 2011 22 NOTICE of Appearance by George M. DeGrood, III on behalf of CLEVELAND INDIANS Baseball Company, Inc.. (DeGrood, George)
May 27, 2011 21 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by CSI Insurance Group (Anderson, David)
May 27, 2011 Featured Case TEXT-ONLY ORDER Vacating 13 Order to Show Cause. Signed by District Judge Sean F. Cox. (JHer)
May 24, 2011 20 ANSWER to Crossclaim with Affirmative Defenses by National Pastime Sports, LLC. (Burdett, Howard)
May 23, 2011 Featured Case TEXT-ONLY ORDER Removing Exhibit B from Docket Entry 18 and Allowing the Refiling of the Exhibit re 19 MOTION re 8 Answer to Complaint, Third Party Complaint, Crossclaim filed by New Hampshire Insurance Company. Signed by District Judge Sean F. Cox. (JHer)
May 23, 2011 19 MOTION re 8 Answer to Complaint, Third Party Complaint, Crossclaim,,, by New Hampshire Insurance Company. (Attachments: # 1 Exhibit B - Correct copy of Underlying Complaint) (Wilinski, Nicole)
May 23, 2011 18 INDEX of Exhibits re 8 Answer to Complaint, Third Party Complaint, Crossclaim,,, by New Hampshire Insurance Company (Attachments: # 1 Exhibit Policy, # 2 Exhibit Underlying Complaint) (Wilinski, Nicole) [EXHIBIT B REMOVED PURSUANT TO 5/23/2011 ORDER ] Modified on 5/23/2011 (JHer).
May 20, 2011 17 RESPONSE to 13 Order to Show Cause by National Pastime Sports, LLC. (Attachments: # 1 Exhibit A - Affidavit of David Martin) (Burdett, Howard)
May 20, 2011 16 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by National Pastime Sports, LLC (Burdett, Howard)
May 12, 2011 15 CERTIFICATE of Service/Summons Returned Executed. CLEVELAND INDIANS Baseball Company, Inc. served on 5/9/2011, answer due 5/31/2011. (Wilinski, Nicole)
May 12, 2011 14 CERTIFICATE of Service/Summons Returned Executed. New Hampshire Insurance Company served on 5/9/2011, answer due 5/31/2011. (Wilinski, Nicole)
May 6, 2011 13 Featured Case ORDER for National Pastime Sports, LLC to Show Cause why this Case should not be Dismissed for Lack of Subject Matter Jurisdiction. Show Cause Response due by 5/20/2011 Signed by District Judge Sean F. Cox. (JHer)
May 3, 2011 12 THIRD-PARTY SUMMONS Issued for *CLEVELAND INDIANS Baseball Company, Inc.* (PPau)
May 3, 2011 11 ANSWER to Complaint with Affirmative Defenses with Jury Demand by CSI Insurance Group. (Anderson, David)
May 3, 2011 REQUEST for THIRD-PARTY SUMMONS for CLEVELAND INDIANS Baseball Company, Inc.. (Wilinski, Nicole)
May 3, 2011 10 CERTIFICATE OF SERVICE re 8 Answer to Complaint, Third Party Complaint, Crossclaim,,, by New Hampshire Insurance Company Amended (Wilinski, Nicole)
May 3, 2011 9 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by New Hampshire Insurance Company identifying Other Affiliate American International Group, Inc., Other Affiliate Chartis U.S., Inc., Other Affiliate AIUH LLC, Other Affiliate Chartis, Inc. for New Hampshire Insurance Company. (Wilinski, Nicole)
May 3, 2011 8 ANSWER to Complaint with Affirmative Defenses, THIRD PARTY COMPLAINT filed by New Hampshire Insurance Company against CLEVELAND INDIANS Baseball Company, Inc., CROSSCLAIM filed by New Hampshire Insurance Company against National Pastime Sports, LLC by New Hampshire Insurance Company. (Wilinski, Nicole)
May 2, 2011 7 NOTICE of Appearance by David C. Anderson on behalf of CSI Insurance Group. (Anderson, David)
April 20, 2011 6 Featured Case STIPULATION AND ORDER Extending Time for Defendant New Hampshire Insurance Company to Respond re 1 Complaint. Responsive pleading due 5/3/2011. Signed by District Judge Sean F. Cox. (JHer)
April 18, 2011 5 NOTICE of Appearance by Jeffrey C. Gerish on behalf of New Hampshire Insurance Company. (Gerish, Jeffrey)
April 18, 2011 4 NOTICE of Appearance by Nicole E. Wilinski on behalf of New Hampshire Insurance Company. (Wilinski, Nicole)
April 1, 2011 3 SUMMONS Issued for *New Hampshire Insurance Company* (BSoc)
April 1, 2011 2 SUMMONS Issued for *CSI Insurance Group* (BSoc)
April 1, 2011 1 COMPLAINT filed by National Pastime Sports, LLC against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-2915067 - Fee: $ 350. County of 1st Plaintiff: Oakland County, Michigan - County Where Action Arose: Oakland County, Michigan - County of 1st Defendant: Out of State. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Insurance Application, # 3 Exhibit B - Insurance Quote, # 4 Exhibit C- Insurance Policy, # 5 Exhibit D - Ohio Lawsuit, # 6 Exhibit E - 6.22.10 E-mail, # 7 Exhibit F - 6.24.10 Letter, # 8 Exhibit G - 6.29.10 Letter, # 9 Exhibit H - 8.11.10 Letter, # 10 Exhibit I - 8.23.10 Letter) (Burdett, Howard)

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Search for this case: National Pastime Sports, LLC v. CSI Insurance Group et al
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Cross_defendant: National Pastime Sports, LLC
Represented By: Howard W. Burdett, Jr.
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Plaintiff: National Pastime Sports, LLC
Represented By: Howard W. Burdett, Jr.
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Defendant: CSI Insurance Group
Represented By: David C. Anderson
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Defendant: New Hampshire Insurance Company
Represented By: Nicole E. Wilinski
Represented By: Jeffrey C. Gerish
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Thirdparty_defendant: CLEVELAND INDIANS Baseball Company, Inc.
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Thirdparty_plaintiff: New Hampshire Insurance Company
Represented By: Jeffrey C. Gerish
Represented By: Nicole E. Wilinski
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Cross_claimant: New Hampshire Insurance Company
Represented By: Jeffrey C. Gerish
Represented By: Nicole E. Wilinski
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