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AMERICAN INS. CO. v. NORTH AMERICAN CO., ETC.

No. 628, Docket 82-7569.

697 F.2d 79 (1982)

AMERICAN INSURANCE COMPANY, Plaintiff-Appellant, v. NORTH AMERICAN COMPANY FOR PROPERTY AND CASUALTY INSURANCE, formerly known as Service Fire Insurance Company of New York, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 30, 1982.

Attorney(s) appearing for the Case

James J. Harrington, New York City (B. Jennifer Jaffee and Lester Schwab Katz & Dwyer, New York City, on the brief), for plaintiff-appellant.

Colleen McMahon, New York City (Steven B. Rosenfeld, Kevin J. O'Brien and Paul, Weiss, Rifkind, Wharton & Garrison, New York City, on the brief), for defendant-appellee.

Before FRIENDLY and NEWMAN, Circuit Judges, and WYZANSKI, District Judge.

NEWMAN, Circuit Judge:

Plaintiff American Insurance Company (AIC) appeals from a March 4, 1982, judgment of the United States District Court for the Southern District of New York (Henry F. Werker, Judge) entered in favor of defendant North American Company for Property and Casualty Insurance (NACPAC). After a bench trial, the District Court found that NACPAC was not required under its agreement with AIC to reimburse AIC for any part of a settlement AIC made on behalf...

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