EMPLOYERS' LIABILITY ASSUR. CORP. v. TRAVELERS INS. CO.

No. 353, Docket 32821.

411 F.2d 862 (1969)

The EMPLOYERS' LIABILITY ASSURANCE CORPORATION, Ltd., Plaintiff-Appellant, v. The TRAVELERS INSURANCE COMPANY, H. Gordon Incorporated, The Griffin Construction Company, Ralph Michaud and James E. Gill, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided May 15, 1969.


Attorney(s) appearing for the Case

John F. Scully (Cooney & Scully, Hartford, Conn., Joseph P. Cooney and David T. Ryan, Hartford, Conn., of counsel), for plaintiff-appellant.

Peter C. Schwartz (Gordon, Muir & Fitzgerald, Hartford, Conn., George Muir, Hartford, Conn., of counsel), for defendants-appellees.

Before FRIENDLY, KAUFMAN and HAYS, Circuit Judges.


FRIENDLY, Circuit Judge:

In this declaratory judgment action between two insurance companies, three New York federal judges must first determine what is the Connecticut law on a difficult insurance question which the Supreme Court of that state, particularly expert in insurance matters, has had no occasion to consider. The case is in federal court because plaintiff, The Employers' Liability Assurance Corporation, Ltd., is a British corporation, while the

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