MT. McKINLEY INS. CO. v. CORNING INC.

Docket No. 03-7740.

399 F.3d 436 (2005)

MT. McKINLEY INSURANCE COMPANY, f/k/a Gibralter Casualty Co., and Everest Reinsurance Company, f/k/a Prudential Reinsurance Co., Plaintiffs, v. CORNING INCORPORATED, Defendant-Appellee, AIU Insurance Company, Allianz Insurance Company, American Centennial Ins. Co., Century Indemnity Co., as successor-in-interest to the Insurance Company of North America, California Union Ins. Co., the Continental Insurance Company, Employers Insurance of Wausau, Executive Risk Indemnity, Inc., as successor-in-interest to American Excess Insurance Company, Federal Insurance Company, Fireman's Fund Insurance Company, First State Insurance Co., Government Employees Insurance Company a/k/a Geico, Granite State Insurance Company, Great American Insurance Company, Hartford Accident and Indemnity Company, Highlands Insurance Company, the Home Insurance Company, Hudson Insurance Company, Kemper Insurance Company, as successor-in-interest to Lumbermen's Mutual Casualty Company, Lexington Insurance Company, National Union Fire Insurance Company, New England Reinsurance Corporation, a/k/a New England Insurance Company, North River Insurance Company, Old Republic Insurance Company, Pacific Insurance Company, Puritan Excess and Surplus Lines Insurance Company, Republic Insurance Company, Royal Indemnity Company, Westchester Fire Insurance Company, as successor-in-interest to International Insurance Company, Allstate Insurance Company, f/k/a Northbrook Indemnity Company, as successor-in-interest to Northbrook Excess & Surplus Insurance Company, Defendants, American Home Assurance Company, Certain Underwriters at Lloyd's, London, Certain London Market Insurance Companies, Continental Casualty Company, Travelers Casualty & Surety Company, as successor-in-interest to Aetna Casualty & Surety Company, Defendants-Appellants,

United States Court of Appeals, Second Circuit.

Decided: February 16, 2005.


Attorney(s) appearing for the Case

M. Miller Baker, McDermott, Will & Emery (Richard B. Rogers and Michael S. Nadel, on the brief), Washington, D.C.; Rodney L. Eshelman and Gretchen A. Ramos, Carroll, Burdick & McDonough LLP, San Francisco, CA., for Defendant-Appellant Continental Casualty Co.

Richard C. Milazzo, Dennis J. McEnery, Mendes & Mount, LLP, New York, NY; H. Lee Godfrey, Neal S. Manne, Max Tribble, Joseph S. Grinstein, Susman Godfrey, LLP, Houston, TX, for Defendants-Appellants London Market Insurers.

Robert F. Cusumano, Robert D. Goodman, Daniel J. Spillane, Debevoise & Plimpton, New York, NY, for Defendant-Appellant Travelers Casualty & Surety Co., as successor-in-interest to Aetna Casualty & Surety Co.

James M. Dennis, Mound, Cotton, Wollan & Greengrass, New York, NY; Michael J. Larin, Lynberg & Watkins, Los Angeles, CA., for Defendant-Appellant Travelers Casualty & Surety Co., as successor-in-interest to American Casualty & Surety Co.

Thomas S. D'Antonio, Ward Norris Heller & Reidy LLP, Rochester, NY, for Defendant-Appellee Corning Incorporated.

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


POOLER, Circuit Judge.

INTRODUCTION

Underlying this appeal are massive asbestos liability claims against appellee Corning, Incorporated ("Corning"), and a company in which Corning owns 50% of the stock, Pittsburgh Corning Corporation ("PCC"). However, the immediate issues are whether a state or federal forum will determine certain insurers' claims that their policies do not cover asbestos claims against Corning and whether we have jurisdiction to review...

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