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CHRISTIAN MUT. LIFE INS. v. PENN MUT. LIFE INS.

No. 01 CIV. 1286(JSR).

163 F.Supp.2d 260 (2001)

CHRISTIAN MUTUAL LIFE INSURANCE COMPANY, n/k/a Investors Consolidated Life Insurance Company, Plaintiff, v. PENN MUTUAL LIFE INSURANCE COMPANY, Morgan, Lewis & Bockius LLP, David L. Harbaugh, and Milliman & Robertson, Inc., Defendants.

United States District Court, S.D. New York.

September 19, 2001.

Attorney(s) appearing for the Case

Daniel Hargraves, Hargraves McConnell & Costigan, P.C., New York City, Ira B. Silverstein, Silverstein & Bellin, L.L.C., Philadelphia, PA, Edwin A. McCabe, Sara Fleschner, McCabe Group, Boston, MA, for plaintiff.

David E Jacoby, Phillips Nizer Benjamin Krim & Ballon LLP, New York City, for Penn Mutual, defendant.

Richard A. Mescon, Morgan, Lewis & Bockius, LLP, New York City, for Morgan, Lewis & Bockius LLP, David Harbaugh, defendants.

Thomas G. Rafferty, Cravath, Swaine & Moore, New York City, for Milliman & Robertson, defendants.

MEMORANDUM ORDER

RAKOFF, District Judge.

The legal positions here espoused by plaintiff Christian Mutual Life Insurance Company ("Christian Mutual") are a model of inconsistency. Back in August, 1999, Christian Mutual signed a written agreement (the "Agreement") to reinsure Penn Mutual Life Insurance Company ("Penn Mutual") against certain risks. Section 12.1 of the Agreement provided that "Any dispute or difference between the parties with respect...

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