DYK, Circuit Judge.
This is an insurance coverage dispute. On May 19, 2003, a class action was filed against Raytheon Company ("Raytheon") under the Employee Retirement Income Security Act of 1974 ("the ERISA action"). At that time, Raytheon was insured under a liability insurance policy issued by Federal Insurance Company ("Federal") and an excess policy issued by Axis Surplus Insurance Company ("Axis"). Raytheon requested coverage from the insurers. In response...
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