OLIN CORPORATION, Plaintiff-Appellant-Cross-Appellee,
v.
INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee-Cross-Appellant,
The Hanover Insurance Company, (as successor to Massachusetts Bonding and Insurance Company), AIU Insurance Company; Allstate Insurance Company (as successor to Northbrook Excess and Surplus Insurance Company); American Home Assurance Company; American Re-Insurance Company; Certain Underwriters at Lloyd's, London and London Market Insurance Companies; Commercial Union Insurance Company, (as successor to Employers' Liability Assurance Corporation, Ltd., Employers' Commercial Union Insurance Company of America, and Employers' Surplus Lines Insurance Company), Continental Casualty Company; The Continental Corporation; Federal Insurance Company; Fireman's Fund Insurance Company; Government Employees Insurance Company; Granite State Insurance Company; Harbor Insurance Company; The Home Insurance Company; Indemnity Insurance Company of North America; Lexington Insurance Company; London & Edinburgh Insurance Company Limited; National American Insurance Company of California (as successor to Stuyvesant Insurance Company); National Casualty Company; National Union Fire Insurance Company of Pittsburgh; North River Insurance Company; New York Property Casualty/Insurance Security Fund, Defendants-Appellees,
Great American Insurance Company, Employers Insurance of Wausau, Defendants,
General Reinsurance Corporation, Third-Party-Defendant-Claimant-Appellee.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued September 17, 1999.
Decided August 17, 2000.
Attorney(s) appearing for the Case
Stephen A. Dvorkin, Dickstein Shapiro Morin & Oshinsky LLP (Robert W. Pommer, III and Mary S. Santamarina, of counsel), New York, NY, for Plaintiff-Appellant-Cross-Appellee.
Paul R. Koepff, O'Melveny & Myers LLP (John L. Altieri, Jr., Charles W. Fournier and Ralph P. DeSanto, of counsel), New York, NY, for Defendant-Appellee-Cross-Appellant.
Patrick T. Walsh and Andrea C. Kenealey, Blatt, Hammesfahr & Eaton, Chicago, IL, for Defendants-Appellees Certain Underwriters at Lloyd's, London and London Market Insurance Companies and London and Edinburgh Insurance Company.
James P. Schaller and M. Elizabeth Medaglia, Jackson & Campbell, P.C., Washington, DC, for Defendants-Appellees American Home Assurance Company, Granite State Insurance Company, Lexington Insurance Company, AIU Insurance Company, and National Union Fire Insurance Company of Pittsburgh.
Dale C. Christensen, Jr. and John J. Galban, Seward & Kissel, New York, NY, for Defendant-Appellee The Hanover Insurance Company.
Daniel A. Bartoldus, Rivkin, Radler & Kremer, Uniondale, NY, for Defendant-Appellee Allstate Insurance Company.
Robert W. Muilenburg, McElroy, Deuthsch & Mulvaney, Morristown, NJ, for Defendant-Appellee North River Insurance Company.
Rocco Covino and Jennifer S. Huber, LeBoeuf, Lamb, Greene & MacRae LLP, Washington, DC, for Defendant-Appellee Government Employees Insurance Company.
James Stapleton and Stefan Underhill, Day, Berry & Howard LLP, Stamford, CT, for Third-Party Defendant-Claimant-Appellee.
David M. Raim, Chadbourne & Parke LLP, Washington, DC, for Defendant-Appellee National American Insurance Company of California.
Brian R. Ade and Alexander H. Gillespie, Gilberg & Kiernan, New York, NY, for Defendant-Appellee Fireman's Fund Insurance Company.
Jonathan Gardner, Goodkind, Labaton, Rudoff & Sucharow LLP, New York, NY, for Defendants-Appellees American Re-Insurance Company, Continental Casualty Company, and Harbor Insurance Company.
James W. Greene, Thompson, O'Donnell, Markham, Norton & Hannon, Washington, DC, for Defendants-Appellees American Re-Insurance Company, Continental Casualty Company, and Harbor Insurance Company.
Richard H. Gimer, Semmes, Bowen & Semmes, Washington, DC, for Defendant-Appellee Commercial Union Insurance Company.
Virginia L. White-Mahaffey, Steptoe & Johnson LLP, Washington, DC, for Defendants-Appellees Federal Insurance Company and The Home Insurance Company.
Joseph DeDonato, Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, New York, NY, for Defendants-Appellees Federal Insurance Company and The Home Insurance Company.
Laura A. Foggan, Daniel E. Troy, and John C. Yang, Wiley, Rein & Fielding, Washington, DC, for Amicus Curiae Insurance Environmental Litigation Association.
Before: OAKES, McLAUGHLIN and SACK, Circuit Judges.
United States Court of Appeals, Second Circuit.
SACK, Circuit Judge:
Plaintiff-Appellant-Cross-Appellee Olin Corporation ("Olin") instituted this action seeking a judgment that its insurers are liable to indemnify it for cleanup costs it incurred at various contaminated properties. The United States District Court for the Southern District of New York (Thomas P. Griesa, then-Chief Judge) conducted both a jury and a bench trial to determine the liability of one insurer, Defendant-Appellee-Cross-Appellant...
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