EMPLOYERS MUT. CAS. CO. v. KEY PHARMACEUTICALS

No. 91 Civ. 1630 (LBS).

886 F.Supp. 360 (1995)

EMPLOYERS MUTUAL CASUALTY COMPANY and Mutual Marine Office, Inc., As Attorney in Fact for Employers Mutual Casualty Company, Plaintiffs, v. KEY PHARMACEUTICALS, INC. and Schering-Plough Corporation, Defendants.

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

May 8, 1995.


Attorney(s) appearing for the Case

Dougherty, Ryan, Giuffra & Zambito, New York City, for plaintiffs (James E. Ryan and Robert J. Giuffra, of counsel).

Anderson Kill Olick & Oshinsky, P.C., New York City, for defendants (Avraham C. Moskowitz and Chaim B. Book, of counsel).


OPINION

SAND, District Judge.

In an action before this Court brought in 1991, plaintiff insurance companies sought a declaratory judgment that they were relieved from any obligation to indemnify defendants for defendants' losses in a certain products liability litigation. Defendants counterclaimed, alleging that plaintiffs had breached the terms of the insurance policy held by defendants by disclaiming coverage groundlessly. In their request for relief,...

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