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GERLING GLOBAL REINSURANCE v. SOMPO JAPAN INS.

No. 04 Civ. 3060(SHS).

348 F.Supp.2d 102 (2004)

GERLING GLOBAL REINSURANCE CORPORATION, U.S. Branch Plaintiff, v. SOMPO JAPAN INSURANCE COMPANY, as a successor of Yasuda Fire & Marine Insurance Co. Ltd. Defendant.

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

November 10, 2004.

Attorney(s) appearing for the Case

Edward K. Lenci, Wilker & Lenci, LLP, New York, NY, for plaintiff.

Alan J. Sorkowitz, Cadwalader, Wickersham & Taft Lip, New York, NY, Richard Martin Appel, Sr., Cadwalader, Wickersham & Taft LLP, New York, NY, for Defendant.

OPINION & ORDER

STEIN, District Judge.

Plaintiff Gerling Global Reinsurance Corporation, U.S. Branch, seeks a declaratory judgment that Sompo Japan Insurance Company is obligated to post a letter of credit in the amount of $7.5 million. Defendant Sompo has now moved to dismiss the complaint on two grounds: lack of subject matter jurisdiction pursuant to Fed. R. Civ. P 12(b)(1) and failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). Gerling...

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