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INTERN. MULTIFOODS CORP. v. COMMERCIAL UNION INS.

Docket No. 01-9285.

309 F.3d 76 (2002)

INTERNATIONAL MULTIFOODS CORPORATION, Plaintiff-Appellee, and Indemnity Insurance Company of North America, Defendant-Cross-Defendant-Cross-Claimant-Appellee, v. COMMERCIAL UNION INSURANCE Co., Defendant-Cross-Claimant-Cross-Defendant-Appellant, and Ascop Corporation, m/v Ozark, her engines, boilers, tackle, etc., in rem, Eratira Navigation Co., Ltd., Eastwind Transport Ltd, Van Weelde Chartering B.V., Riomar Agencies, Inc., Roks, LLC, and Astep Corporation, Third-Party-Defendants.

United States Court of Appeals, Second Circuit.

Decided: October 17, 2002.

Attorney(s) appearing for the Case

George R. Daly, Joseph A. Yamali, Bigham, Englar, Jones & Houston, New York, NY, for Defendant-Cross-Claimant-Cross-Defendant-Appellant Commercial Union Insurance Co.

Paul D. Friedland, White & Case LLP, New York, NY, for Plaintiff-Appellee International Multifoods Corp.

Anthony J. Pruzinsky, Hill Rivkins & Hayden LLP, New York, NY, for Defendant-Cross-Defendant-Cross-Claimant-Appellee Indemnity Insurance Co. of North America.

Before: CARDAMONE, STRAUB, and KATZMANN, Circuit Judges.

KATZMANN, Circuit Judge.

This diversity action, governed by New York law, arises out of the seizure by Russian governmental authorities of a shipment of frozen food sent by plaintiff International Multifoods Corporation ("Multifoods") to Russia. It raises several issues of contract interpretation with respect to two insurance policies that protected Multifoods against risks associated with the shipment. The District Court granted summary judgment in Multifoods' favor...

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