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CONTINENTAL INS. CO. v. ATLANTIC CAS. INS. CO.

Docket No. 09-2882-cv.

603 F.3d 169 (2010)

CONTINENTAL INSURANCE COMPANY, Plaintiff-Appellant, v. ATLANTIC CASUALTY INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: April 29, 2010.

Attorney(s) appearing for the Case

Erick Kirker, Cozen O'Connor, Philadelphia, PA, for Plaintiff-Appellant.

Aidan McCormack (Cyril Smith, on the brief), Nixon Peabody LLP, New York, NY, for Defendant-Appellee.

Before: LIVINGSTON and LYNCH, Circuit Judges.

GERARD E. LYNCH, Circuit Judge:

In 2004, employees of Wodraska Brothers, Inc. ("Wodraska"), a roofing contractor, inadvertently started a fire while installing a new roof on a house. A week later, Continental Insurance Co. ("Continental"), which insured the residence, paid the homeowners approximately $640,000 for the damage. Five months after the fire, Wodraska sent a claim to its liability insurer, Atlantic Casualty Insurance Co. ("Atlantic"), and two days later...

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