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U.S. FIDELITY & GUARANTY CO. v. TREADWELL CORP.

No. 94 Civ. 4392(MBM).

58 F.Supp.2d 77 (1999)

UNITED STATES FIDELITY & GUARANTY COMPANY, Plaintiff, v. TREADWELL CORPORATION, Commercial Union Insurance Company, the Travelers Companies, and the Home Insurance Company, Defendants. Treadwell Corporation, Defendant and Third-Party Plaintiff, v. The Travelers Insurance Companies, Cigna Property & Casualty Insurance Company, United States Fire Insurance Company and Edward J. Muhl, New York State Superintendent of Insurance, as Administrator of the New York State Property/Casualty Insurance Security Fund, Third-Party Defendants.

United States District Court, S.D. New York.

June 21, 1999.

Attorney(s) appearing for the Case

Martin Mensch, Dornbush Mensch Mandelstam & Schaeffer, LLP, New York City, for Defendant and Third-Party Plaintiff Treadwell Corporation.

Irene C. Warshauer, Anderson Kill & Olick, P.C., New York City, for Defendant and Third-Party Plaintiff Treadwell Corporation.

Vincent E. Reilly, Robert J. Kelly, Justin N. Kinney, McElroy Deutsch & Mulvaney, Morristown, NJ, for Third-Party Defendant U.S. Fire Insurance Company.

OPINION AND ORDER

MUKASEY, District Judge.

This diversity suit concerns liability insurance coverage for personal injury claims arising from exposure to asbestos. Defendant and third-party plaintiff Treadwell Corporation ("Treadwell") installed and otherwise handled products containing asbestos between the 1940s and the 1980s, during some of which time Treadwell was covered by primary and excess liability insurance. In 1994, Treadwell and several of its...

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