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WTC CAPTIVE INS. CO. v. LIBERTY MUT. FIRE INS.

No. 07 Civ. 1209(AKH).

549 F.Supp.2d 555 (2008)

WTC CAPTIVE INSURANCE COMPANY, INC., Plaintiff, v. LIBERTY MUTUAL FIRE INSUANCE COMPANY; Certain Underwriters at Lloyd's, and Certain London Market Insurance Companies; Assicurazioni Generali S.P.A.; and General Security Indemnity Company of Arizona, as attorney in fact for and successor in interest to General Security Indemnity Company (now known as Hudson Specialty Insurance Company), Defendants.

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

April 15, 2008.

Attorney(s) appearing for the Case

Gregory Albert Krauss, Margaret Hanley Warner, Mark Allan Collins, McDermott, Will & Emery, Washington, DC, Robert A. Weiner, McDermott, Will & Emery, LLP, New York, NY, for Plaintiff.

Albert Yong Chang, Larry P. Schiffer, Lawrence W. Pollack, Dewey & Leboeuf, L.L.P., New York, NY, Fred William Reinke, Dewey & Leboeuf, LLP, Washington, DC, for Defendants.

OPINION DECLARING INSURERS' DUTY TO DEFEND

ALVIN K. HELLERSTEIN, District Judge:

The parties to this lawsuit — the City's insurance carriers of the 9/11 clean up work — are engaged in a second phase of their dispute: which carriers, if any, and in which order, are required to defend the City and its contractors against the lawsuits of those who performed the clean-up work and claim they were injured because they were not provided with...

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