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NEW ENGLAND INSURANCE COMPANY v. HEALTHCARE UNDERWRITERS MUTUAL INSURANCE COMPANY

Docket No. 02-9315.

352 F.3d 599 (2003)

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

United States Court of Appeals, Second Circuit.

Decided: December 15, 2003.

Attorney(s) appearing for the Case

Evan H. Krinick, Rivkin Radler LLP (Michael P. Versichelli, of counsel), Uniondale, NY, for Appellant.

Barbara D. Goldberg, Mauro Goldberg & Lilling, LLP (Kenneth Mauro, of counsel), Great Neck, NY, for Appellees.

Before: POOLER, SACK, and WESLEY, Circuit Judges.

SACK, Circuit Judge.

This case stems from an incident of medical malpractice in 1982, which resulted in a $2.4 million New York state-court jury verdict against a hospital located in New York State and a settlement of the claim against the hospital for $2.1 million in 1993. As the primary carrier for the hospital, defendant-appellee Healthcare Underwriters Mutual Insurance Company ("HUM") paid $1 million (its policy limit) of the settlement, and, as the excess carrier...

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