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COMMERCIAL UNION INS. v. SEVEN PROVINCES INS. CO.

No. 95-10894-NG.

9 F.Supp.2d 49 (1998)

COMMERCIAL UNION INSURANCE COMPANY, As Successor in Interest to Employers' Surplus Lines Insurance Company, Plaintiff, v. SEVEN PROVINCES INSURANCE COMPANY, LTD., Defendant.

United States District Court, D. Massachusetts.

June 15, 1998.

Attorney(s) appearing for the Case

Bruce M. Friedman, Kroll & Tract, New York, NY, Thomas J. Hogan, Kroll, Rubin & Fiorella LLP, Boston, MA, for Commercial Union Insurance Company.

Brian A. Davis, Kurt Wm. Hemr, Choate, Hall & Stewart, Boston, MA, Ralph Phalen, H. Northcraft, Mark V. Dugan, Blackwell, Sanders, Matheny, Weary & Lobardi P.C., Kansas City, MI, for Seven Provinces Insurance Company, Ltd.

MEMORANDUM

GERTNER, District Judge.

A trial was held in this action to recover on a policy of reinsurance. The dispute arises out of a reinsurance arrangement entered into thirty-five years ago between Employers' Surplus Lines Insurance Company("ESLIC") and defendant Seven Provinces Insurance Company, Ltd. ("Seven Provinces"). ESLIC insured Teledyne, a California-based manufacturing company, through a number of different insurance policies. In 1963...

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