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REPUBLIC INS. v. MASTERS, MATES, & PILOTS PENSION

No. 1206, Dockets 94-7808, 94-7824 and 94-7842.

77 F.3d 48 (1996)

REPUBLIC INSURANCE COMPANY, Plaintiff-Appellee (94-7808 & 94-7824), Cross-Appellant (94-7842), v. MASTERS, MATES & PILOTS PENSION PLAN; and Masters, Mates & Pilots Individual Retirement Account Plan, Defendants-Appellees (94-7842), Robert J. Lowen, et al., Defendants, Aetna Casualty & Surety Company, and Federal Insurance Company, Intervenors-Defendants-Appellants (94-7808 & 94-7824), Cross-Appellees (94-7842).

United States Court of Appeals, Second Circuit.

Decided February 23, 1996.

Attorney(s) appearing for the Case

Barry R. Ostrager, New York City (Simpson, Thacher & Bartlett, New York City), for Intervenor-Defendant-Appellant-Cross-Appellee Federal Insurance Company.

Glenn J. Fuerth, New York City (Wilson, Elser, Moskowitz, New York City), for Plaintiff-Appellee-Cross-Appellant Republic Insurance Company.

Paul J. Ondrasik, Jr., Washington, DC, (Steptoe & Johnson, Washington, DC), for Defendant-Appellee Masters, Mates & Pilots Pension Plan.

Before: OAKES, KEARSE, and LEVAL, Circuit Judges.

LEVAL, Circuit Judge:

This appeal involves a dispute between co-insurers Republic Insurance Company ("Republic") and Federal Insurance Company ("Federal") as to the allocation of costs incurred in defending their insureds, coupled with a claim by Republic to void its policies by reason of the fraud of the insureds in procuring coverage. We hold that Republic is entitled to rescind its policies and that it is therefore not required...

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