OLIN CORP. v. CERTAIN UNDERWRITERS

Docket No. 05-5123-cv.

468 F.3d 120 (2006)

OLIN CORPORATION, Plaintiff-Appellee, v. CERTAIN UNDERWRITERS AT LLOYD'S LONDON and London Market Insurance Companies, Defendants-Appellants, Commercial Union Insurance Company, as successor to Employers Liability Assurance Corporation, Ltd., and Employers Commercial Union Insurance Company of America, Continental Casualty Company, Employers Insurance Company of Wausau, C.E. Health Compensation & Liability Insurance Co., as successor to Falcon Insurance Company, Federal Insurance CO, Fireman's Fund Insurance Company, Great American Insurance Company, Lexington Insurance Company, London & Edinburgh Insurance Company, Ltd., Capital Markets Assurance Corp., as successor to National American Insurance Company of New York, successor to Stuyvesant Insurance Company, North River Insurance Company, Insurance Company of North America, Hanover Insurance Company, as successor to Massachusetts Bonding and Insurance Company, American Home Assurance Company, American Re-Insurance Company, AIU Insurance Company, Continental Corporation, Harbor Insurance Company, New York Property/Casualty Insurance Security Fund, Defendants, AETNA Casualty & Surety Company, General Reinsurance Corporation, Government Employees Insurance Company, Granite State Insurance Company, Home Insurance Co., Indemnity Insurance Company of North America, Integrity Insurance Company, Greenwich Insurance Company, as successor to Harbor Insurance Company, National Casualty Company, Transit Casualty Company, Counter-Defendants, Allstate Insurance Company, Cross-Defendant, Olin-Hunt Specialty Products Inc., Third-Party-Defendant.

United States Court of Appeals, Second Circuit.

Decided: November 7, 2006.


Attorney(s) appearing for the Case

John G. McAndrews, Mendes & Mount LLP, (Mary Ann D'Amato, George L. Maniatis, Matthew B. Anderson, Mendes & Mount LLP, William J. Baron, Hancock Rothert & Bunshoft LLP, on the briefs) New York, N.Y. for Defendants-Appellants.

Mark G. Arnold, Husch & Eppenberger LLC, St. Louis, MO, for Plaintiff-Appellee.

Before: CARDAMONE, POOLER, HALL, Circuit Judges.


POOLER, Circuit Judge.

Plaintiff-appellee Olin Corporation ("Olin") brought this action seeking indemnification from various insurance companies, including defendants-appellants Certain Underwriters at Lloyd's London and London Market Insurance Companies (collectively London Insurers or "LI") for pollution liability. The district court separated these claims into groups for trial; this appeal concerns the subset of claims for costs of state-required pollution remediation...

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