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YAFA JEWELRY v. UNDERWRITERS, POLICY, 96FA0026180A

No. 98 Civ. 0028(MBM).

42 F.Supp.2d 307 (1999)

YAFA JEWELRY INC., Plaintiff, v. ALL THOSE UNDERWRITERS SUBSCRIBING TO POLICY OF INSURANCE NUMBERED 96FA0026180A, also identified as cover number 95FA0023120A, including Axa Global Risks (UK) Limited, Indemnity Marine Insurance Company Limited, Zurich Re (UK) Limited, Wurttembergische Versicherung AG, Phoenix Assurance PLC, Threadneedle Insurance Company PLC, Ocean Marine Company Limited, Assicurazioni Generali SpA, Terra Nova Insurance Company Limited, and Skandia Marine Insurance Company (UK) Limited, Defendants.

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

March 24, 1999.

Attorney(s) appearing for the Case

Seth L. Rosenberg, Clayman & Rosenberg, New York City, for plaintiff.

Edward S. Benson, White, Fleischner & Fino, New York City, for defendants.

OPINION AND ORDER

MUKASEY, District Judge.

Yafa Jewelry Inc. ("Yafa Jewelry") sues several underwriters for breach of contract arising out of the underwriters' refusal to pay benefits allegedly due on a contract of insurance. Pursuant to Fed.R.Civ.P. 56, both parties move for summary judgment. For the reasons stated below, plaintiff's motion is granted, and defendants' motion is denied.

I.

The following relevant facts are undisputed. Plaintiff...

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