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SYBRON TRANSITION v. SEC. INS. CO. OF HARTFORD

No. 95-4084.

107 F.3d 1250 (1997)

SYBRON TRANSITION CORPORATION and Kerr Manufacturing Corporation, Plaintiffs-Appellants, v. SECURITY INSURANCE COMPANY OF HARTFORD, Hartford Fire Insurance Company, also known as Hartford Insurance Group, Hartford Accident and Indemnity Company, also known as Hartford Insurance Group, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 27, 1997.

Attorney(s) appearing for the Case

John E. Flanagan (argued), Douglas P. Dehler, Michael, Best & Friedrich, Milwaukee, WI, for plaintiffs-appellants Sybron Transition Corp. and Kerr Mfg. Corp.

Joseph D. McDevitt, James S. Smith, Borgelt, Powell, Peterson & Frauen, Milwaukee, WI, William M. Savino, M. Paul Gorfinkel, Rivkin, Radler & Kremer, Uniondale, NY, for Security Ins. Co. of Hartford.

Paul J. Pytlik, Otje, Van Ert, Stangle, Lieb & Weir, Milwaukee, WI, William J. Bowman (argued), Patrick F. Hofer, L. A. Sutin, Donald C. Brown, Jr., Hogan & Hartson, Washington, DC, for defendants-appellees Hartford Fire Ins. Co. and Hartford Accident & Indemnity Co.

Before WOOD, Jr., RIPPLE and MANION, Circuit Judges.

RIPPLE, Circuit Judge.

Sybron Transition Corporation and Kerr Manufacturing Corporation (collectively "Sybron") brought this action seeking a determination of their rights under various insurance policies. Hartford Insurance Group ("Hartford") denied liability on the ground that Sybron's notice to Hartford of the underlying claim was late as a matter of law. Hartford also counterclaimed for the $500,000 that it had contributed toward the settlement of the underlying...

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