IN RE GLOBAL INDUS. TECHNOLOGIES, INC.

No. 08-3650.

645 F.3d 201 (2011)

In re GLOBAL INDUSTRIAL TECHNOLOGIES, INC., et al., Debtors. Hartford Accident and Indemnity Company; First State Insurance Company; Twin City Fire Insurance Company; Century Indemnity Company, as successor to Cigna Specialty Company, formerly known as California Union Insurance Company; Westchester Fire Insurance Company, for itself and for International Insurance Company (now known as TIG Insurance Company) (by operation of novation all rights and obligations under the policies have been transferred from International Insurance Co. to Westchester Fire Insurance Co.); National Union Fire Insurance Company of Pittsburgh, PA; Insurance Company of the State of Pennsylvania; Lexington Insurance Company; American Home Assurance Company, and any other entities related to American International Group, Inc. that engaged in business transactions with the Reorganizing Debtors, Appellants.

United States Court of Appeals, Third Circuit.

Filed: May 4, 2011.

Reargued En Banc October 13, 2010.


Attorney(s) appearing for the Case

Craig Goldblatt [Argued], Danielle M. Spinelli , Seth P. Waxman , Wilmer Cutler Pickering Hale & Dorr, Washington, DC, for Appellants, Hartford Accident & Indemnity Company, First State Ins. Co., and Twin City Fire Ins.

John D. Demmy , Stevens & Lee, Wilmington, DE, for Appellants, Century Indemnity Co. and Westchester Fire Ins.

Michael S. Davis , Zeichner, Ellman & Krause LLP, New York, NY, Beverly Weiss Manne , Tucker Arensberg, PC, Pittsburgh, PA, for Appellants, Nat'l Union Fire Ins. Co. of Pittsburgh, PA, Insurance Company of Pennsylvania, Lexington Insurance Company and American Home Assurance Company.

Douglas A. Campbell , David B. Salzman , Campbell & Levine, Pittsburgh, PA, Elihu Inselbuch , Caplin & Drysdale, New York, NY, Peter V. Lockwood [Argued], Kevin C. MacLay , Caplin & Drysdale, Washington, DC, for Appellee, Official Committee of Asbestos Creditors.

Robert G. Sable , Sally E. Edison , Nicholas E. Meriwether , McGuire Woods LLP, James J. Restivo [Argued], Paul M. Singer , David Ziegler , Reed Smith , Pittsburgh, PA, for Appellee, Global Industrial Technologies Inc.

Gary Philip Nelson , Sherrard, German & Kelly, P.C., Pittsburgh, PA, for Philip A. Pahigian, Legal Representative of Future Silica Claimants against Global Industrial Technologies, Inc., et alia.

Before: McKEE, Chief Judge, SCIRICA, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, VANASKIE, and NYGAARD, Circuit Judges.


OPINION OF THE COURT

JORDAN, Circuit Judge.

Hartford Accident and Indemnity Company, First State Insurance Company, and Twin City Fire Insurance Company (collectively, "Hartford"1); Century Indemnity Company and Westchester Fire Insurance Company (collectively, "Century"2); and National Union Fire Insurance Company of Pittsburgh, PA, Insurance Company of the State of Pennsylvania, Lexington Insurance...

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