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MASKA U.S., INC. v. KANSA GENERAL INS. CO.

Docket Nos. 98-9385(L), 98-9387(C).

198 F.3d 74 (1999)

MASKA U.S., INC., Plaintiff-Appellee, v. KANSA GENERAL INSURANCE COMPANY, American Home Assurance Company, New Hampshire Insurance Company, Scottish & York Insurance Company, Reliance Insurance Company, Cigna Insurance Company, Defendants, Zurich Insurance Company and United States Fire Insurance Company, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: November 29, 1999.

Attorney(s) appearing for the Case

John E. Failla, Morgan, Lewis & Bockius LLP, New York, N.Y. (Catherine A. Ludden and Jennifer A. Roney, on the brief), for plaintiff-appellee.

William H. Quinn, Pierson Wadhams Quinn & Yates, Burlington, VT, for defendant-appellant Zurich Insurance Company.

Roger E. Warin, Steptoe & Johnson LLP, Washington, D.C. (Shannen W. Coffin, on the brief), for defendant-appellant United States Fire Insurance Company.

Before: LEVAL and SOTOMAYOR, Circuit Judges, and TRAGER, District Judge.

SOTOMAYOR, Circuit Judge:

This appeal involves a dispute between an insured, Maska U.S.A., Inc. ("Maska"), and two of its insurance carriers, Zurich Insurance Company ("Zurich") and United States Fire Insurance Company ("U.S. Fire") (collectively, the "insurers"), concerning coverage for liability costs and related defense costs incurred in connection with environmental contamination at Maska's manufacturing facility in Bradford, Vermont. The insurers appeal from...

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