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NORTH AMERICAN FOREIGN TRADING CORP. v. MITSUI SUMITOMO INS.

Nos. 05 Civ.4807 SAS, 05 Civ.5827 SAS.

477 F.Supp.2d 576 (2006)

NORTH AMERICAN FOREIGN TRADING CORP., Plaintiff, v. MITSUI SUMITOMO INSURANCE USA, INC., f/k/a Mitsui Marine and Fire Insurance Company of America and MSI Claims (USA), Inc., Defendants.

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

November 7, 2006.

Attorney(s) appearing for the Case

Joseph F. Donley, Rodney M. Zerbe, Daniel A. Lebersfeld, Dechert LLP, John F. Ryan, McDermott & Radzik, LLP, Wall Street Plaza, New York City, for Plaintiff.

Francis A. Montbach, Jacqueline K. Seidel, Mound, Cotton, Wollan & Greengrass, New York, New York, for Defendant.

OPINION AND ORDER

SCHEINDLIN, District Judge.

I. INTRODUCTION

North American Foreign Trading Corp. ("NAFT") brings this action against Mitsui Sumitomo Insurance USA, Inc., formerly known as Mitsui Marine and Fire Insurance Company of America, and MSI Claims (USA), Inc. (collectively, "Mitsui") for breach of a marine insurance policy issued by Mitsui to NAFT. Mitsui now moves for summary judgment arguing that NAFT's claim is time...

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