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

No. 03 Civ. 3850 VMJCK.

386 F.Supp.2d 501 (2005)

AMERICAN HOME ASSURANCE COMPANY, Plaintiff, v. MERCK & CO., INC., Defendant, v. A.I. Marine Adjusters, Counterclaim Defendant.

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

September 9, 2005.

Attorney(s) appearing for the Case

John Nicoletti, Nooshin Namazi, Nicoletti Hornig Campise & Sweeney, New York, NY, for Plaintiff, American Home Assur. Co.

Jerold Oshinsky, Joseph F. Fields, Paul C. Sullivan, Paul O. Sullivan, Dickstein, Shapiro, Morin & Oshinsky, L.L.P. New York, NY, Anthony J. Pruzinsky, Hill, Rivkins and Hayden LLP, New York, NY, for Merck & Co., Inc.

DECISION AND ORDER

MARRERO, District Judge.

This dispute between insurer American Home Assurance Company ("American Home"), and its insured, pharmaceutical manufacturer Merck & Co., Inc. ("Merck"), primarily concerns American Home's denial of liability for certain losses to shipments of products that Merck claims under an insurance policy bound and issued by American Home effective July 1, 2000 (the "Policy"). As described in numerous opinions...

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