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NEW YORK LIFE INS. CO. v. TRAVELERS INS. CO.

No. 95-21048.

92 F.3d 336 (1996)

NEW YORK LIFE INSURANCE COMPANY, Plaintiff-Appellant, v. The TRAVELERS INSURANCE COMPANY and The Travelers Indemnity Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 23, 1996.

Attorney(s) appearing for the Case

Neal Stuart Manne, Susman Godfrey, Houston, TX, for plaintiff-appellant.

William T. Corbett, Robert M. Vinci, Shanley & Fischer, Morristown, NJ, Michael J. Eisele, The Travelers Insurance Group, Hartford, CT, for defendants-appellees.

Before KING, SMITH and WIENER, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

New York Life Insurance Company ("NYL") brought this action against The Travelers Indemnity Company and The Travelers Insurance Company ("Travelers") for an alleged breach of two insurance agreements. The parties submitted cross-motions for summary judgment limited to the issue of Travelers's duty to defend under the insurance policy. The district court referred the case to a magistrate judge, who concluded that Travelers owed no duty...

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