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CITY OF WEST HAVEN v. COMMERCIAL UNION INS. CO.

No. 41, Docket 89-7355.

894 F.2d 540 (1990)

CITY OF WEST HAVEN, Appellant, v. COMMERCIAL UNION INSURANCE COMPANY f/k/a Employers Commercial Union Insurance Company, Appellee.

United States Court of Appeals, Second Circuit.

Decided January 18, 1990.

As Amended on Denial of Rehearing and Rehearing March 20, 1990.

Attorney(s) appearing for the Case

Keith Bradoc Gallant, New Haven, Conn. (Edward Gallant, Gallant & Gallant, New Haven, Conn. Louis Smith Votto, Corp. Counsel, City of West Haven, Conn., of counsel), for appellant.

Elizabeth A. Gallagher, New Haven, Conn. (William F. Gallagher, Gallagher, Gallagher & Calistro, New Haven, Conn., Robert J. Gillooly, Dennis W. Gillooly, Gillooly, McGrail, Carroll & Sheedy, New Haven, Conn., of counsel), for appellee.

Before OAKES, Chief Judge, KEARSE and ALTIMARI, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc March 20, 1990.

OAKES, Chief Judge:

On February 9, 1987, the City of West Haven, Connecticut ("West Haven"), filed suit against the Commercial Union Insurance Company ("Commercial Union") alleging several causes of action relating to Commercial Union's failure to defend and indemnify West Haven for disability claims and awards made to three police officers for heart-related illnesses. On March 30, 1989...

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