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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ALPHA CONSTRUCTION AND ENGINEERING CORP., et al., Plaintiffs, v. INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Defendant.

* * * * * * * * * ***** OPINION

Civil No. JFM 06-2352

This insurance coverage dispute arises from a construction site accident that occurred on January 13, 2003 at the Maryland Transit Administration's ("MTA") Rogers Avenue Metro Station. The pedestrian injured in the accident, Mary Griffin ("Griffin"), filed a personal injury lawsuit against several defendants in the Circuit Court for Baltimore City, Case No. 24-C-05007319 OT, seeking damages for her injuries ("Griffin suit" or "underlying suit"). (Pls.' Ex. 9.) The defendants in that case included two of the plaintiffs in this action, Alpha Construction and Engineering Corporation ("Alpha") and Rummel, Klepper & Kahl, LLP ("RKK"), as well as the MTA.1 (Id.) Alpha, RKK, United States Fidelity and Guaranty Company ("USFG"), and The American Insurance Company ("American") (collectively "Plaintiffs"), have filed this suit against Defendant, the Insurance Company of the State of Pennsylvania ("ICSP" or "Defendant"), seeking a declaratory judgment that Alpha and RKK, or alternatively, two of their employees, were insureds under a commercial general liability policy that ICSP issued on behalf

The other defendants in the Griffin suit were Maple Construction Company and Codd Fabricators and Boiler Company, Inc. (Pls.' Ex. 9.) 1

1

of MTA. (2d Am. Compl.

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