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GENERAL ACC. FIRE & LIFE ASSUR. v. AKZONA, INC.

No. 79-1095.

622 F.2d 90 (1980)

GENERAL ACCIDENT FIRE and LIFE ASSURANCE CORPORATION, LIMITED, Plaintiff-Appellee, v. AKZONA INCORPORATED, and all subsidiaries affiliated, associated and allied companies, American Enka Company, Armak Company, Armira Company, Brand-Rex Company, and Organon, Incorporated, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided May 27, 1980.

As Modified on Denial of Rehearing July 7, 1980.

Attorney(s) appearing for the Case

Earl H. Nemser, New York City (Landon Roberts, Asheville, N.C., Howard R. Hawkins, Jr., New York City, Roberts, Cogburn & Williams, Asheville, N.C., Cadwalader, Wickersham & Taft, New York City, on brief), for defendants-appellants.

Albert L. Sneed, Jr., Asheville, N.C., (O. E. Starnes, Jr., Van Winkle, Buck, Wall, Starnes, & Davis, P.A., Asheville, N.C., on brief), for plaintiff-appellee.

Before PHILLIPS and SPROUSE, Circuit Judges, and WALTER E. HOFFMAN, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

WALTER E. HOFFMAN, Senior District Judge:

In this diversity case, plaintiff-appellee, General Accident Fire and Life Assurance Corporation, Limited (the insurance company), sought a declaratory judgment that it was not liable under an all-risks insurance policy issued to defendants-appellants (Akzona) for losses resulting from a flood which occurred on November 6, 1977, causing damage in excess of $15,000,000 at the American Enka manufacturing plant in Enka, North...

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