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ACE FIRE UNDERWRITERS INSURANCE COMPANY v. ITT INDUSTRIES, INC.

44 A.D.3d 404 (2007)

843 N.Y.S.2d 579

ACE FIRE UNDERWRITERS INSURANCE COMPANY, as Successor to AETNA FIRE UNDERWRITERS INSURANCE COMPANY, et al., Respondents, v. ITT INDUSTRIES, INC., Formerly Known as ITT CORPORATION AND INTERNATIONAL TELEPHONE & TELEGRAPH CORPORATION, Appellant, et al., Defendants. ACE FIRE UNDERWRITERS INSURANCE COMPANY, as Successor to AETNA FIRE UNDERWRITERS INSURANCE COMPANY, et al., Respondents-Appellants, v. ITT INDUSTRIES, INC., Formerly Known as ITT CORPORATION AND INTERNATIONAL TELEPHONE & TELEGRAPH CORPORATION, Respondent, and U.S. SILICA CORPORATION, Formerly Known as PENNSYLVANIA GLASS SAND CORPORATION, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 11, 2007.

This is an action seeking a declaration as to the obligations of the parties with respect to insurance coverage for a contractual indemnification of silica-related personal injury claims, and with respect to the excess and umbrella insurers' rights to contribution. This action, the Pennsylvania federal action and the West Virginia action were filed virtually simultaneously, so the rule giving precedence to the state in which an action is first commenced, which in any event...

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