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ASSOCIATED INDEM. v. FAIRCHILD INDUSTRIES

No. 916, Docket 91-9137.

961 F.2d 32 (1992)

ASSOCIATED INDEMNITY CORPORATION, Plaintiff, v. FAIRCHILD INDUSTRIES, INC., Defendant-Appellant, First State Insurance Company; Allstate Insurance Company, (as successor to Northbrook Excess and Surplus Insurance Company), Defendants, Highlands Insurance Company, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 3, 1992.

Attorney(s) appearing for the Case

Robert M. Rader, Washington, D.C. (Richard C. Browne, Tracy M. Getz, Winston & Strawn, Washington, D.C., James I. Serota, Michael Guararra, Huber, Lawrence & Abell, New York City, of counsel), for defendant-appellant.

Marian S. Hertz, New York City (Sheft & Sheft, of counsel), for defendant-appellee.

Before: VAN GRAAFEILAND, WALKER and McLAUGHLIN, Circuit Judges.

McLAUGHLIN, Circuit Judge:

Fairchild Industries brought a declaratory judgment action in the United States District Court for the Southern District of New York (Michael B. Mukasey, Judge) to determine whether it was covered under several insurance policies for certain environmental liabilities. An excess insurer, Highlands Insurance Company, asked Fairchild to consent to a voluntary dismissal of Highlands from the action, without prejudice, because its coverage...

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