OLIN CORP. v. INSURANCE CO. OF NORTH AMERICA

No. 84 Civ. 1968 (LFM).

603 F.Supp. 445 (1985)

OLIN CORPORATION, Plaintiff, v. INSURANCE COMPANY OF NORTH AMERICA, the Hanover Insurance Company (as successor to Massachusetts Bonding and Insurance Company), American Home Assurance Company, American Re-Insurance Company, Certain Underwriters at Lloyd's, London, Commercial Union Insurance Company (as successor to Employers' Liability Assurance Corporation, Ltd., and Employers Commercial Union Insurance Company of America), Continental Casualty Company, Employers Insurance of Wausau a Mutual Company, Falcon Insurance Company (as successor to Employers' Surplus Lines Insurance Company), Federal Insurance Company, Fireman's Fund Insurance Company, Great American Insurance Company, the Home Insurance Company, Lexington Insurance Company, London & Edinburgh Insurance Company Limited, National American Insurance Company of New York (as successor to Stuyvesant Insurance Company), National Union Fire Insurance Company of Pittsburgh, North River Insurance Company, Northbrook Excess and Surplus Insurance Company, and Transit Casualty Company, Defendants.

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

March 6, 1985.


Attorney(s) appearing for the Case

Kissam, Halpin & Genovese by James J. Harrington and Norma B. Levy, New York City, for plaintiff.

Davis, Polk & Wardwell by Guy Miller Struve, Paul R. Koepff, Cheryl L. Pollak, Daniel L. Brockett, and Lisa Huestis, New York City, for defendant Insurance Company of North America.


OPINION

MacMAHON, District Judge.

Plaintiff Olin Corporation ("Olin") moves, pursuant to Rule 56, Fed.R.Civ.P., for partial summary judgment against defendant Insurance Company of North America ("INA") declaring that INA is liable for 100% of Olin's defense costs incurred defending the underlying claims. INA cross-moves for partial summary judgment declaring that defense costs should be paid either equally or proportionately by INA, Olin, and the three other...

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