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TRANSMARITTINA SARDA ITALNAVI v. FOREMOST INS. CO.

No. 79 Civ. 488 (WCC).

482 F.Supp. 110 (1979)

TRANSMARITTINA SARDA ITALNAVI FLOTTE RUINITI S.p.A., Plaintiff, v. FOREMOST INSURANCE COMPANY, INC., Defendant.

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

October 22, 1979.

Attorney(s) appearing for the Case

Healy & Baillie, New York City, for plaintiff; Nicholas J. Healy, Jr., Jack A. Greenbaum, New York City, of counsel.

Dougherty, Ryan, Mahoney, Pellegrino, Giuffra & Zambito, New York City, for defendant; Robert J. Giuffra, Gerard A. Gilbride, Jr., New York City, of counsel.

OPINION AND ORDER

CONNER, District Judge:

This is an action by a shipowner to recover against a charterer's liability underwriter, Foremost Insurance Company, Inc. ("Foremost"), upon the underwriter's alleged undertaking to pay any arbitration award against the charterer arising out of the shipowner's claim for injury to its vessel. Jurisdiction is premised upon diversity of citizenship, 28 U.S.C. § 1332. Presently before the Court are the parties'...

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