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ZURICH INS. CO. v. TEXASGULF, INC.

233 A.D.2d 180 (1996)

649 N.Y.S.2d 153

Zurich Insurance Company, Appellant-Respondent, v. Texasgulf, Inc., et al., Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

November 14, 1996

It is undisputed that the subject policy has an exclusion for liability under the Federal Employee Retirement Income Security Act of 1974 (ERISA; 29 USC § 1001 et seq.). In Pilot Life Ins. Co. v Dedeaux (481 U.S. 41), the United States Supreme Court held that ERISA preempts State common-law causes of action relating to employee benefit plans. Defendants seek indemnification for a judgment expressly based on ERISA liability...

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