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IN RE DIOCESE OF BUFFALO, N.Y.

BK 20-10322 CLB AP 20-1009 CLB.

616 B.R. 10 (2020)

IN RE The DIOCESE OF BUFFALO, N.Y., Debtor. The Diocese of Buffalo, N.Y., Plaintiff, v. The Continental Insurance Company, Employers Insurance Company of Wausau (Formerly Known as Employers Insurance of Wausau a Mutual Company Formerly Known as Employers Mutual Liability Insurance Company of Wisconsin), Wausau Underwriters Insurance Company, Selective Insurance Company of America (Formerly Known as Exchange Mutual Insurance Company), National Union Fire Insurance Company of Pittsburgh, PA, Fireman's Fund Insurance Company, Catholic Mutual Group, and the National Catholic Risk Retention Group, Defendants.

United States Bankruptcy Court, W.D. New York.

Signed May 19, 2020.

Attorney(s) appearing for the Case

Jeffrey A. Dove, Esq. , Barclay Damon LLP, Barclay Damon Tower, 125 East Jefferson Street, Syracuse, New York 13202, Attorney for The Continental Insurance Company.

Craig Goldblatt, Esq. , Wilmer Cutler Pickering Hale & Dorr LLP, 1875 Pennsylvania Avenue NW, Washington, District of Columbia 20006, Attorney for The Continental Insurance Company.

David Attisani, Esq. , J.P. Jaillet, Esq. , Choate Hall & Stewart LLP, 2 International Place, Boston, Massachusetts 02110, Attorneys for The Continental Insurance Company.

Jeffrey L. Kingsley, Esq. , Jonathan Schapp, Esq. , Goldberg Segalla LLP, 665 Main Street, Buffalo, New York 14203, Attorneys for Employers Insurance Company of Wausau.

Stephen A. Donato, Esq. , Charles J. Sullivan, Esq. , Grayson T. Walter, Esq. , Bond, Schoeneck & King, PLLC, One Lincoln Center, Syracuse, New York 13202-1355, Attorneys for The Diocese of Buffalo, N.Y.

James R. Murray, Esq. , Jared Zola, Esq. , Robyn L. Michaelson, Esq. , Blank Rome LLP, 1271 Avenue of the Americas, New York, New York 10020, Attorneys for The Diocese of Buffalo, N.Y.

Ilan D Scharf, Esq. , James I. Stang, Esq. , Pachulski Stang Ziehl & Jones LLP, 780 Third Avenue, Ste 34th Floor, New York, New York 10017, Attorneys for Official Committee of Unsecured Creditors.

DECISION & ORDER

In the above referenced adversary proceeding, the debtor seeks a declaratory judgment determining the availability of coverage under insurance policies issued by eight defendants. Two of these defendants now ask the Court to abstain from considering the matter and to dismiss the complaint...

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