Westport Insurance Corporation v. Napoli, Kaiser & Bern, LLP et al
| Westport Insurance Corporation |
| Napoli, Kaiser & Bern, LLP, Napoli, Kaiser & Associates, LLP, Napoli, Kaiser, Bern & Associates, LLP, Law Offices of Marc Jay Bern, P.C., Napoli, Kaiser, Bern & Associates, P.C., Napoli, Kaiser & Bern, P.C., Paul J. Napoli, Marc J. Bern, Marie Kaiser and Gerald Kaiser |
| 1:2009cv07433 |
| August 24, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Unassigned |
| None |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| None |
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Filing
41
OPINION AND ORDER. Westport has a duty to defend NKB because Westport has actual knowledge that there are other possible claims the Intervenors may bring in connection with the factual allegations in the Intervener Complaint and those types of claims have already been determined by another court in this district, see Napoli I, to be covered by the plain terms of the insurance policy at issue in this case. Accordingly, plaintiffs motion for summary judgment is denied and defendants' cross-motion is granted. The Clerk of Court shall enter judgment for defendants. (Signed by Judge Sidney H. Stein on 9/27/10) (rjm)
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