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NORTHWESTERN MUTUAL LIFE INSURANCE CO. v. LINARD

No. 69 Civ. 5067.

359 F.Supp. 1012 (1973)

The NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, Plaintiff, v. Harry Oliver LINARD, an Underwriter at Lloyd's; Edinburgh Assurance Co., Ltd., et al., Defendants.

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

June 4, 1973.

Attorney(s) appearing for the Case

Haight, Gardner, Poor & Havens, New York City, for plaintiff; Emil A. Kratovil, Jr., New York City, of counsel.

Levin, Kreis, Ruskin & Gyory, New York City, for defendant and cross-claimant Vainqueur Corp.; Richard Gyory, Robert R. Kreis, New York City, of counsel.

Symmers, Fish & Warner, New York City, for defendants Underwriters at Lloyd's and Companies, The Travelers Indemnity Co. and Utica Mutual Ins. Co; William G. Symmers, Richard Webber, New York City, of counsel.

David A. Ticktin, New York City, for defendant Stuyvesant Ins. Co.; William G. Symmers, New York City, of counsel.

OPINION

ROBERT J. WARD, District Judge.

On the night of March 14, 1969 there was an explosion aboard the motor vessel Vainqueur ("Vainqueur") while the vessel was in the Gulf of Mexico en route from Vera Cruz to New Orleans with a cargo of sugar. The vessel suffered rapid flooding and within one hour it sank beyond salvageable depths. This action, arising from the above incident, was originally commenced by the Northwestern Mutual Life Insurance Company...

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