MINER, Circuit Judge:
Plaintiff-appellant-cross-appellee Federal Insurance Company ("Federal"), as subrogee of regional automobile club AAA Mid-Atlantic, Inc. ("AAAMA" or "AAA Mid-Atlantic"), appeals from a judgment entered October 21, 2009, in the United States District Court for the Southern District of New York (Marrero, J.), granting in part and denying in part its motion for summary judgment. Federal Ins. Co. v. Am. Home Assurance Co.,
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