WHEELING-PITTSBURGH CORP. v. AMERICAN INS. CO.

No. 5:01CV20.

267 B.R. 535 (2001)

WHEELING-PITTSBURGH CORPORATION and Wheeling Pittsburgh Steel Corporation, Plaintiffs, v. AMERICAN INSURANCE COMPANY, American Home Assurance Company, Appalachian Insurance Company, Associated Indemnity Corporation, American Reinsurance Company, British American Associates, Inc., Century Indemnity Company, as successor to CCI Insurance Company as successor to INA, CNA Corporation, as successor-in-interest to Continental Casualty Co. which is responsible for policies issued and sold by London Guarantee & Accident Company, Federal Insurance Company, Fireman's Fund Insurance Company, First State Insurance Company, General Reinsurance Corporation, Mt. McKinley Insurance Company f/k/a Gibraltar Casualty Company, Great American Insurance Company, Insurance Company of North America, Lexington Insurance Company, Liberty Mutual Insurance Company, London Guarantee & Accident Company, Ltd., Phoenix Assurance Company of New York, as successor-in-interest to London Guarantee & Accident Company, London Guarantee & Accident Company, Ltd., North River Insurance Company, Travelers Indemnity Company, Zurich Insurance Company, certain underwriters of Lloyd's of London, Allianz International Insurance Company, Ltd., Ancon Insurance Company (U.K.) Ltd., Assicurazioni Generali T.S., Bellefonte Insurance Company k/n/a Bellefonte Reinsurance Company, Ltd., Can Reinsurance of London, Ltd. k/n/a CNA Reinsurance Company, Ltd., Compagnie Europeenne D'Assurances Industrielles S.A., Dominion Insurance Company, Limited, Equitas Holdings Limited, Equitas Limited, Equitas Management Services Limited, Equitas Reinsurance Limited, Equitas Policyholders Trustee Limited, Folksam International Insurance Company (U.K.) Ltd., International Underwriting Association of London, London International Insurance and Reinsurance Market Association, Ludgate Insurance Company, Ltd., the Policy Signing & Accounting Centre Ltd., St. Katherine Insurance Company Ltd., Storebrand Insurance Company, Stronghold Insurance Co., Ltd., Taisho Marine & Fire Insurance Company (U.K.) Ltd., Tokio Marine & Fire Insurance Company (U.K.) Ltd., Turegum Insurance Company, "Winterthur" Swiss Insurance Company, Yasuda Fire & Marine Insurance Company (U.K.) Ltd. and John Does Defendants 1 Through 100, Defendants.

United States District Court, N.D. West Virginia.

September 27, 2001.


Attorney(s) appearing for the Case

Robert P. Fitzsimmons, Fitzsimmons Law Offices, Wheeling, WV, Carl N. Frankovitch, Mark A. Colantonio, Frankovitch, Anetakis, Colantonio & Simon, Weirton, WV, Joan L. Lewis, Dickstein, Shapiro, Morin & Oshinsky, LLP, New York City, for plaintiffs.

Robert D. Pollit, Steptoe & Johnson, J. Tyler Dinsmore, Flaherty, Sensabaugh & Bonasso, Anita R. Casey, MacCorkle, Lavender & Casey, PLLC, Charleston, WV, Robert E. Rider, Jr., Jackson & Campbell, PC, Alexander H. Gillespie, Sheri M. Lyons, Gilberg & Kiernan, Washington, DC, Clarence E. Martin, Martin & Seibert, LC, Martinsburg, WV, Patrick M. Shine, Cohn & Baughman, Chicago, IL, Bradley H. Thompson, Parsons, Thompson & Hill, Wheeling, WV, Edgar Whiting, III, Parsippany, NJ, E. Charles Dann, Jr., Goodell, Devrios, Leech & Gray, Baltimore, MD, for defendants.


MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS' MOTION FOR ORDER ABSTAINING FROM HEARING THE CLAIM IN THIS CASE, GRANTING PLAINTIFFS' MOTION TO FILE SUPPLEMENT, GRANTING PLAINTIFFS' MOTION TO REMAND, DENYING DEFENDANTS' MOTION TO TRANSFER AS MOOT AND DENYING DEFENDANTS' MOTION TO BE EXCUSED FROM FILING DOCUMENTS AS MOOT

STAMP, District Judge.

I. Background

Plaintiffs filed this action in 1993 in the Circuit Court of Ohio...

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