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IBM CORP. v. LIBERTY MUT. FIRE INS. CO.

Docket No. 01-9065.

303 F.3d 419 (2002)

INTERNATIONAL BUSINESS MACHINES CORPORATION, Plaintiff-Counter-Defendant-Appellee, Zurich Insurance Company, Defendant-Appellee, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, Defendant-Counter-Claimant-Appellant, Liberty Mutual Insurance Co., Defendant-Counter-Claimant.

United States Court of Appeals, Second Circuit.

Decided: September 6, 2002.

Attorney(s) appearing for the Case

Thomas H. Sear, Jones, Day, Reavis & Pogue, New York, N.Y. (Steven C. Bennett and Mark R. Seiden on the brief), for Plaintiff-Counter-Defendant-Appellee.

Joseph G. Blute, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, Boston, MA, (Marshall Potashner and Darin Billing, Jaffe & Asher LLP, New York, N.Y. on the brief), for Defendant-Counter-Claimant-Appellant.

John M. Eickenmeyer, Vedder, Price, Kaufman & Kammholz, New York, N.Y. (Thomas W. Brunner, Thomas W. Queen, Alysa B. Wakin, Wiley, Rein & Fielding, LLP, Washington, DC), for Defendant-Appellee.

Before: McLAUGHLIN, F.I. PARKER, and SOTOMAYOR, Circuit Judges.

McLAUGHLIN, Circuit Judge.

Defendant, insurance company Liberty Mutual, appeals from the district court's ruling that Liberty Mutual had a duty to defend the underlying tort claim against plaintiff International Business Machines. We agree that defendant had a duty to defend based on the allegations contained in the underlying complaint. We also conclude that the extrinsic evidence offered by Liberty Mutual does not relieve it of its duty to defend. Finally, we hold...

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