Homeland Insurance Co. of New York v. Clinical Pathology Laboratories, Inc.
A magistrate of the Western District of Texas recommended that the district court deny an insurer's Rule 56(d) motion to deny or delay consideration of insureds' motion for summary judgment, holding insurer had not identified specific fact to be discovered that will influence the outcome of the pending summary judgment motion.
commercial liability policy, fortuity doctrine, rule 56(d), declaratory relief
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