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AMERICAN HOME ASSUR. CO. v. MERCK & CO. INC.

No. 03 Civ. 3850(VM).

329 F.Supp.2d 436 (2004)

AMERICAN HOME ASSURANCE COMPANY, Plaintiff, v. MERCK & CO. INC., Defendant.

United States District Court, S.D. New York.

August 5, 2004.

Attorney(s) appearing for the Case

Nooshin Namazi, John Nicotetti, Nicoletti Hornig & Sweeney, New York, NY, for plaintiff.

Jerold Oshinsky, Paul C. Sullivan, Paul O. Sullivan, Dickstein Shapiro Morin & Oshinsky, LLP, New York, NY, for defendant.

DECISION AND ORDER

MARRERO, District Judge.

Plaintiff American Home Assurance Company ("American Home"), a commercial insurance provider, brings this action for declaratory judgment against Merck & Co. Inc. ("Merck"), a manufacturer and distributor of pharmaceutical products. The dispute revolves around American Home's refusal to indemnify selected Merck product losses under a transit insurance policy (the "Policy") that American Home issued to...

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