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NEW ENGLAND INS. CO. v. HEALTHCARE UNDERWRITERS MUTUAL INSURANCE COMPANY

Docket No. 01-7945.

295 F.3d 232 (2002)

NEW ENGLAND INSURANCE COMPANY, Plaintiff-Appellant, v. HEALTHCARE UNDERWRITERS MUTUAL INSURANCE COMPANY, formerly known as Hospital Underwriters Mutual Insurance Company, and Hospital Underwriters Mutual Insurance Company, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 8, 2002.

Attorney(s) appearing for the Case

Evan H. Krinick, Rivkin Radler LLP (Michael P. Versichelli and Lee S. Siegel, of counsel), Uniondale, NY, for Plaintiff-Appellant.

Lawrence W. Mumm, McAloon & Friedman, P.C. (Timothy J. O'Shaughnessy and Gillian Fisher, of counsel), New York, NY, for Defendants-Appellees.

Before: MINER and SACK, Circuit Judges, and BERMAN, District Judge.

BERMAN, District Judge.

BACKGROUND

I. The Medical Malpractice Action

On May 23, 1982, David Weinstock was born at Huntington Hospital (the "Hospital") and suffered severe and permanent brain damage resulting from inadequate intake of oxygen. Dr. Lawrence A. Horn ("Dr.Horn"), the attending obstetrician, had diagnosed fetal distress and performed an emergency cesarean section when he realized that David was not receiving enough oxygen in the womb...

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