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AMERICAN EMPLOYERS' INSURANCE COMPANY v. SWISS REINSURANCE AMERICA CORP.

No. CIV.A.00-12266-JLT.

275 F.Supp.2d 29 (2003)

AMERICAN EMPLOYERS' INSURANCE COMPANY, Plaintiff, v. SWISS REINSURANCE AMERICA CORPORATION, formerly known as North American Reinsurance Corporation, Defendant.

United States District Court, D. Massachusetts.

August 5, 2003.

Attorney(s) appearing for the Case

Richard Appel, Cadwalader, Wickersham & Taft, New York City, Adam G. Cohen, Cetrulo & Capone, LLP, Boston, MA, Mark S. Fragner, Rubin & Fiorella LLP, New York City, Bruce M. Friedman, Rubin & Fiorella LLP, New York City, Philip J. Loree, Jr., Cadwalader, Wickersham & Taft, New York City, Clifford H. Schoenberg, Cadwalader, New York City, CharCretia V. DiBartolo, Cetrulo & Capone LLP, Boston, MA, for American Employers Insurance Co., Plaintiff.

David A. Attisani, Choate, Eric B. Hermanson, Choate, John A. Nadas, Choate, Boston, MA, for Swiss Reinsurance America Corporation, Defendant.

MEMORANDUM

TAURO, District Judge.

Plaintiff American Employers' Insurance Company ("AEIC") brought suit against its reinsurer, Swiss Reinsurance America Corporation ("Swiss Re"), seeking a declaration that Swiss Re was obligated to indemnify it for certain claims it paid out. Before this court are AEIC and Swiss Re's cross-motions for Partial Summary Judgment. Swiss Re contends that, as a matter of law, it is not liable for $4,669,443 billed to it...

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