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NEW YORK MARINE AND GEN. INS. CO. v. LAFARGE NORTH AMERICA, INC.

Nos. 05 Civ. 9612(CSH), 08 Civ. 3289(CSH).

598 F.Supp.2d 473 (2009)

NEW YORK MARINE AND GENERAL INSURANCE COMPANY, Plaintiff, v. LAFARGE NORTH AMERICA, INC., Defendant. The Northern Assurance Company of America and American Home Assurance Company, Plaintiffs, v. Lafarge North America, Inc. and American Steamship Owners Mutual Protection and Indemnity Association, Inc., Defendants.

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

February 19, 2009.

Attorney(s) appearing for the Case

Alan Frederick Kaufman, Jennifer Susan Kozar, Thacher Profitt and Wood LLP, John Maynard Woods, Clyde & Co U.S. LLP (NYC), New York, NY, for American Steamship Owners Mutual Protection and Indemnity Association, Inc.

Robert Gerard Clyne, John James Sullivan, Hill, Rivkins & Hayden LLP, New York, NY, for Lafarge North America, Inc.

David H. Fromm, Esq., Brown Gavales & Fromm LLP, New York, NY, for New York Marine & General Insurance Co.

John A.V. Nicoletti, Esq., Nicoletti Hornig & Sweeney, New York, NY, for American Home Assurance Co., and The Northern Assurance Company of America.

MEMORANDUM OPINION AND ORDER

CHARLES S. HAIGHT, JR., Senior District Judge.

This Opinion resolves dispositive motions filed in two consolidated declaratory judgment actions filed in this Court to determine coverage under policies of marine insurance issued to Lafarge North America, Inc. ("Lafarge") with respect to claims asserted against Lafarge following Hurricane Katrina.

I. BACKGROUND

A. Barge ING 4727 and Hurricane Katrina<...

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