UNITED NAT. INS. v. WATERFRONT NY REALTY CORP.

No. 1409, Docket 92-9350.

994 F.2d 105 (1993)

UNITED NATIONAL INSURANCE CO., Plaintiff-Appellant, v. WATERFRONT NEW YORK REALTY CORPORATION; William M. Weaver; William M. Weaver Trust; Coleman P. Burke; Adreas M. Rickenbach; Atone E. Schraft; Loring D. Bolger; Bulgroup Properties; Chalet Suiss International, Inc.; C.A. Kalman; James A. Newman; John C. Wist; Karl-Adam Bonnier; Francis P. Lang; Maag Finance Ltd.; Atone E. Schraft; Tuckerman Ltd.; U.S. Friends Investment Corp. (Panama), doing business as Waterfront N.Y., and The Tunnel, Inc., also known as The Tunnel; Eli-Ben Dayan; Jonata Dayan, Defendants-Appellees, Lourdes Ortiz, Defendant.

United States Court of Appeals, Second Circuit.

Decided June 2, 1993.


Attorney(s) appearing for the Case

Sheryl E. Katz, New York City (Carolyn Karp Schwartz, Richard E. Lerner, Wilson, Elser, Moskowitz, Edelman & Dicker, of counsel), for plaintiff-appellant.

Warren A. Herland, New York City (Michelle J. France, Jones Hirsch Connors & Bull, of counsel), for defendants-appellees.

Before: PRATT and JACOBS, Circuit Judges, and KNAPP, Senior District Judge.


JACOBS, Circuit Judge:

United National Insurance Co. ("UNI") appeals from a judgment of the United States District Court for the Southern District of New York (Lowe, J.), declaring that it must defend and indemnify defendants-appellees Waterfront New York Realty Corp. ("Waterfront") and The Tunnel, Inc. under a liability insurance policy. The insured premises were operated as a nightclub known as The Tunnel.1 The underlying tort...

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