BELLEFONTE REINSURANCE CO. v. AETNA CAS. AND SUR. CO.

No. 1164, Docket 90-7009.

903 F.2d 910 (1990)

BELLEFONTE REINSURANCE CO., Mission Insurance Co., The Insurance Co. of the State of Pennsylvania, North American Co. for Property and Casualty Insurance, Constitution Reinsurance Corp. and Gerling Global Reinsurance Co., Appellees, v. The AETNA CASUALTY AND SURETY CO., Appellant.

United States Court of Appeals, Second Circuit.

Decided May 18, 1990.


Attorney(s) appearing for the Case

Deborah F. Cohen, Philadelphia, Pa. (Henry M. Justi, and Pepper, Hamilton & Scheetz, Philadelphia, Pa.; Howard S. Veisz, Mark Platt, and Kornstein, Veisz & Wexler, New York City, on the brief) for appellant Aetna Cas. and Sur. Co.

Frank M. Nicoletti, New York City (George J. Koelzer, Clarkson S. Fisher, Jr., and Ober, Kaler, Grimes & Shriver, New York City, on the brief) for appellees.

Before TIMBERS, PRATT and MINER, Circuit Judges.


TIMBERS, Circuit Judge:

Appellant Aetna Casualty and Surety Co. ("Aetna") appeals from a summary judgment entered November 28, 1989, in the Southern District of New York, John F. Keenan, District Judge, in favor of appellees, six reinsurance companies ("the reinsurers"). The district court held that the reinsurers were not obligated to pay Aetna any additional sums for defense costs over and above the limits on liability stated in the reinsurance certificates...

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