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  5. 96 F.Supp.2d 253 (1999)
 

ALLIANZ INS. CO. v. RJR NABISCO HOLDINGS CORP.

No. 99 CIV. 2297 (JSR).

96 F.Supp.2d 253 (1999)

ALLIANZ INSURANCE COMPANY, Plaintiff, v. RJR NABISCO HOLDINGS CORP, RJR Nabisco Inc., and Nabisco, Inc., Defendants.

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

May 15, 1999.

Attorney(s) appearing for the Case

Mark Wolf, Claussen & Willier, New York City, for plaintiff.

Jerome G. Snider, Davis Polk & Wardwell, New York City, for defendant.

MEMORANDUM ORDER

RAKOFF, District Judge.

It seems that even if one insures against "all risks," one cannot insure against a lawsuit. In this action, plaintiff Allianz Insurance Company ("Allianz") seeks a declaratory judgment that its "all risk" insurance policy does not cover the contamination damage to insured food products that the defendants (collectively "Nabisco") suffered as a result of a third party's actions. After issue had been joined,...

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