JPMORGAN CHASE BANK, for and on behalf of Mahonia Limited and Mahonia Natural Gas Limited, Plaintiff,
v.
LIBERTY MUTUAL INSURANCE COMPANY, Travelers Casualty and Surety Company, St. Paul Fire and Marine Insurance Company, Continental Casualty Company, National Fire Insurance Company of Hartford, Fireman's Fund Insurance Company, Safeco Insurance Company of America, the Travelers Indemnity Company, Federal Insurance Company, Hartford Fire Insurance Company, and Lumbermen's Mutual Casualty Company, Defendants.
United States District Court, S.D. New York.https://leagle.com/images/logo.png
March 5, 2002.
March 5, 2002.
Attorney(s) appearing for the Case
Frank Mosley, Guy Miller Struve, Davis Polk & Wardwell, New York City, for Plaintiff.
Eva H. Posman, New York City, for Liberty Mutual Insurance Company.
Alan Levine, Kronish Lieb Weiner & Hellman LLP, New York City, for Travelers Casualty and Surety Company, The Travelers Indemnity Company, St. Pauls Fire and Marine Insurance Company
Stewart D. Aaron, Dorsey & Whitney, L.L.P., Armen Shahinian, Scott D. Baron, Wolff & Samson, New York City, for Continental Casualty Company and National Fire Insurance Company of Hartford.
Vincent J. Zichello, Zichello & McIntyre, L.L.P., New York City, Local Counsel and Darren B. Watts, Benjamin Schwartz, George Ellis, Nadine McSpadden, Altheimer & Gray, Chicago, IL, for Fireman's Fund Insurance Company.
Mark S. Gamell, Torre, Lentz, Gamell, Gary & Rittmaster, LLP, Jericho, NY, for Safeco Insurance Company of America, Hartford Fire Insurance Company and Lumbermens Mutual Casualty Company.
Gary L. Leshko, Thomas G. Wilkinson, Esq. (admitted pro hac vice per order dated January 18, 2002), F. Warren Jacoby, Esq. (admitted pro hac vice per order dated January 18, 2002), Stephen Cozen, Esq. (admitted pro hac vice per order dated January 28, 2002), Cozen & O'Connor, New York City, for Federal Insurance Co.
United States District Court, S.D. New York.
OPINION AND ORDER
RAKOFF, District Judge.
By this lawsuit, plaintiff JPMorgan Chase Bank, for and on behalf of Mahonia Limited and Mahonia Natural Gas Limited (collectively "Mahonia"), seeks to compel the eleven defendant insurance companies (collectively the "Sureties") to pay Mahonia over $1 billion, pursuant to six surety bonds (the "Bonds") that guaranteed the obligations of Enron Natural Gas Marketing Corporation and Enron North America Corporation...
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