OLIN CORPORATION, Plaintiff-Appellant,
v.
INSURANCE COMPANY OF NORTH AMERICA; the Hanover Insurance Company (as successor to Massachusetts Bonding & Insurance Company); American Home Assurance Company; American Re-Insurance Company; Certain Underwriters at Lloyd's of London and London Market Insurance Companies; Commercial Union Insurance Company (as successor to Employers' Liability Assurance Corporation, Ltd., and Employers' Commercial Union Insurance Company of America); Continental Casualty Company; Employers Insurance of Wausau a Mutual Company; Falcon Insurance Company (as successor to Employers' Surplus Lines Insurance Company); Federal Insurance Company; Fireman's Fund Insurance Company; Great American Insurance Company; the Home Insurance Company; Lexington Insurance Company; London & Edinburgh Insurance Company, Ltd.; National American Insurance Company of New York (as successor to Stuyvesant Insurance Company); National Union Fire Insurance Company of Pittsburgh; North River Insurance Company; Northbrook Excess and Surplus Insurance Company; Transit Casualty Company, Defendants,
Insurance Company of North America; the Hanover Insurance Company (as successor to Massachusetts Bonding & Insurance Company); American Home Assurance Company; American Re-Insurance Company; Commercial Union Insurance Company (as successor to Employers' Liability Assurance Corporation, Ltd., and Employers' Commercial Union Insurance Company of America); Continental Casualty Company; Falcon Insurance Company (as successor to Employers' Surplus Lines Insurance Company); Federal Insurance Company; Great American Insurance Company; Lexington Insurance Company; National American Insurance Company of New York (as successor to Stuyvesant Insurance Company); National Union Fire Insurance Company of Pittsburgh; Northbrook Excess and Surplus Insurance Company, Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued March 20, 1991.
Decided March 26, 1991.
Attorney(s) appearing for the Case
James J. Harrington, Olin Corp., Stamford, Conn. (Steven A. Dvorkin, E. McIntosh Cover, Olin Corp., Stamford, Conn., Haythe & Curley, New York City, of counsel), for appellant.
Dale C. Christensen, Jr., New York City (R. Scott Garley, Joseph E. Field, Seward & Kissel, New York City, of counsel), for appellee Hanover Ins. Co.
Paul R. Koepff, New York City (Gabriella S. Tussusov, Mudge Rose Guthrie Alexander & Ferdon, New York City, of counsel), for appellee Insurance Co. of North America.
Theodore M. Greenberg, Locker, Greenberg & Brainin, New York City, on the brief, for appellees Falcon Ins. Co. and Commercial Union Ins. Co.
Harold H. Wolgel, Lawrence L. Flynn, Gottesman, Wolgel, Smith & Secunda, New York City, on the brief, for appellee Great American Ins. Co.
James W. Greene, Bromley, Greene & Walsh, Washington, D.C., Barry G. Saretsky, Allen G. Katz, Bower & Gardner, New York City, on the brief, for appellees American Re-Insurance Co., Continental Cas. Co., National American Ins. Co. of California and Northbrook Ins. Co.
James P. Shaller, M. Elizabeth Medaglia, Richard W. Bryan, Jackson & Campbell, Washington, D.C., Peter I. Sheft, Sheft & Sheft, New York City, on the brief, for appellees National Union Fire Ins. Co. of Pittsburgh, Pa., American Home Assur. Co. and Lexington Ins. Co.
Richard H. Gimer, John G. DeGooyer, Laura A. Lane, Hopkins & Sutter, Washington, D.C., on the brief, for appellees Falcon Ins. Co. and Commercial Union Ins. Co.
Joseph H. Spain, Barry W. Rashkover, Rogers & Wells, New York City, on the brief, for appellee Federal Ins. Co.
Before FEINBERG, MESKILL and ALTIMARI, Circuit Judges.
United States Court of Appeals, Second Circuit.
PER CURIAM:
This is an appeal from a judgment entered in the United States District Court for the Southern District of New York, Sand, J., on October 24, 1990, granting the defendant insurers' motions for partial summary judgment on Counts Four and Seven of Olin Corporation's (Olin) complaint. The district court ordered that final judgment be entered on these two counts pursuant to Fed.R.Civ.P. 54(b).
Olin initiated this action against several insurers...
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