TIG INS. CO. v. NEWMONT MIN. CORP.

No. 04 Civ. 4105(SAS).

413 F.Supp.2d 273 (2005)

TIG INSURANCE COMPANY, successor by Merger to International Insurance Company, Plaintiff, v. NEWMONT MINING CORPORATION, Defendant.

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

November 8, 2005.


Attorney(s) appearing for the Case

William C. Rogers, Thelen Reid & Priest LLP, San Francisco, California, for Plaintiff.

Robert L. Tofel, Tofel & Partners LLP, New York, New York, for Defendant.


OPINION AND ORDER

SCHEINDLIN, District Judge.

TIG Insurance Company ("TIG") brings this action for breach of contract and declaratory judgment against Newmont Mining Company ("Newmont"). TIG alleges first, that Newmont unreasonably withheld a portion of a settlement recovery owed to TIG, and second that Newmont owes interest to TIG on certain late payments.1 A bench trial was held from October 7, 2005 to...

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