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CONTINENTAL CASUALTY COMPANY v. EMPLOYERS INSURANCE COMPANY OF WAUSAU

16 Misc.3d 223 (2007)

839 N.Y.S.2d 403

CONTINENTAL CASUALTY COMPANY et al., Plaintiffs, v. EMPLOYERS INSURANCE COMPANY OF WAUSAU et al., Defendants.

Supreme Court, New York County.

May 8, 2007.

Attorney(s) appearing for the Case

Grippo & Elden LLC, Chicago, Illinois (Gary M. Elden, Todd C. Jacobs, Irving C. Faber, Matthew O. Sitzer, John E. Bucheit, Patrick R. Malone and Brian J. Mowbray of counsel), and Ford Marrin Esposito Witmeyer & Gleser, L.L.P., New York City (Charles A. Booth, Kyle M. Medley and Cushing O'Malley Condon of counsel), for plaintiffs.

Zell, Hofmann, Voelbel & Gette, LLP, Minneapolis, Minnesota (Rolf E. Gilbertson of counsel), and Seward & Kissell, LLP, New York City (Dale C. Christensen, Jr., of counsel), for Employers Insurance Company of Wausau, defendant.

Hardin, Kundla, McKeon & Poletto, P.A., New York City (George R. Hardin and John R. Scott of counsel), for Employers Liability Assurance Company, defendant.

Gilbert Heintz & Randolph, LLP, Washington D.C. (August J. Matteis, Jr., Scott N. Godes and Marla H. Kanemitsu of counsel), Collier, Halpern, Newberg, Nolletti & Bock, LLP, White Plains (Philip M. Halpern of counsel), and Hanly, Conroy, Bierstein & Sheridan, LLP, New York City (Clinton B. Fisher of counsel), for Michael O'Reilly and others, defendants.

OPINION OF THE COURT

RICHARD F. BRAUN, J.

In this class action for a declaratory judgment, this court presided over a 35-day nonjury trial of some of the claims in this action. A second phase of trial is to follow after the first one is decided. By order and stipulation, this court certified a class consisting of over 20,000 individuals who had asbestos-related personal injuries and had actions pending against defendant Robert A. Keasbey Company, most of...

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