COMMERCIAL U. INS. v. INTERN. FLAVORS & FRAGRANCES

Nos. 442, 535, Dockets 86-7691, 86-7701.

822 F.2d 267 (1987)

COMMERCIAL UNION INSURANCE COMPANY, Plaintiff-Appellant, Cross-Appellee, v. INTERNATIONAL FLAVORS & FRAGRANCES, INC., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 23, 1987.


Attorney(s) appearing for the Case

Walter Williamson, New York City (David S. Ratner, Nancy Berger, Williamson & Williamson, New York City, of counsel), for plaintiff-appellant, cross-appellee.

George Rowe, Jr., New York City (Michael J. Gayor, Fulton, Duncombe & Rowe, New York City, of counsel), for defendant-appellee, cross-appellant.

Before OAKES, CARDAMONE, and WINTER, Circuit Judges.


WINTER, Circuit Judge:

Commercial Union Insurance Company ("CU") brought this declaratory judgment action in the Southern District of New York seeking a determination that it had no duty either to defend or to indemnify its insured, International Flavors and Fragrances, Inc. ("IFF"), in a product liability action brought against IFF by Plough, Inc. ("Plough"). IFF counterclaimed for the amounts it had expended in defending and settling the Plough action and for its...

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