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RETIREMENT FUND OF FUR MFG. IND. v. REPUBLIC INS., CO.

No. 88 Civ. 4445 (MGC).

755 F.Supp. 625 (1991)

RETIREMENT FUND OF the FUR MANUFACTURING INDUSTRY by its Trustees Henry FONER, Jerry Kay, and Sidney Reiss, Plaintiff, v. REPUBLIC INSURANCE COMPANY, Defendant.

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

February 1, 1991.

Attorney(s) appearing for the Case

Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C. by Rodney F. Page, Ronald L. Castle, and Gaston & Snow, by Christopher O'Brien, New York City, for plaintiff.

Wilson, Elser, Moskowitz, Edelman & Dicker by Martin M. Ween, James L. Fischer, Albert A. Foster, Jr., Richard Lerner, New York City, for defendant.

CEDARBAUM, District Judge.

This is a diversity action for a declaratory judgment that a fiduciary liability policy issued to plaintiff by defendant covered the circumstances described in plaintiff's letter to defendant of December 11, 1986. The parties have submitted this case for judgment on stipulated facts.1 For the reasons discussed below, plaintiff's letter did not report a "claim" within the meaning of the policy, but rather was...

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