TOKIO MARINE & FIRE v. EMPLOYERS INS. OF WAUSAU

No. 65, Docket 85-7368.

786 F.2d 101 (1986)

TOKIO MARINE AND FIRE INSURANCE COMPANY LIMITED and Kajima International, Inc., Plaintiffs-Appellees, v. EMPLOYERS INSURANCE OF WAUSAU, A Mutual Company, and Wausau Underwriters Insurance Company, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 20, 1986.


Attorney(s) appearing for the Case

Jerome Murray, New York City (Robert G. Post, Hendler & Murray, P.C., New York City, of counsel), for defendants-appellants.

Arthur N. Lambert, New York City (Carol A. Pisano, Lambert & Weiss, New York City, of counsel), for plaintiffs-appellees.

Before FRIENDLY, MANSFIELD and WINTER, Circuit Judges.


WINTER, Circuit Judge:

This is a declaratory judgment action to determine which of several insurance policies covered water damage to a Florida construction project. Defendants Employers Insurance of Wausau ("Employers") and Wausau Underwriters Insurance Company ("Wausau") appeal from Judge Knapp's grant of summary judgment for plaintiffs Tokio Marine and Fire Insurance Company ("Tokio Marine") and its insured, Kajima International, Inc. ("Kajima"), the general contractor...

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