OLIN CORP. v. AMERICAN HOME ASSUR. CO.

Docket No. 11-4055-cv.

704 F.3d 89 (2012)

OLIN CORPORATION, Plaintiff-Appellant, v. AMERICAN HOME ASSURANCE COMPANY, Defendant-Appellee, Olin-Hunt Specialty Products Inc., Third-Party-Defendant, OneBeacon American Insurance Company, referred to in this litigation as Commercial Union Insurance Company, Cross-Defendant, Insurance Company of North America, Hanover Insurance Company, as successor to Massachusetts Bonding and Insurance Company, American Re-Insurance Company, Certain Underwriters at Lloyd's London and London Market Insurance Companies, London Market Insurance Companies, Commercial Union Insurance Company, as successor to Employers Liability Assurance Corporation Ltd. and Employers Commercial Union Insurance Company America, Continental Casualty Company, Employers Insurance of Wausau, C.E. Health Compensation & Liability Insurance Co., as successor to Falcon Insurance Company, successor to Employers Surplus Lines Insurance Company, Federal Insurance Company, Fireman's Fund Insurance Company, Great American Insurance Company, Lexington Insurance Company, London & Edinburgh Insurance Company Limited, Capital Markets Assurance Corp., as successor to National American Insurance Company of New York, successor to Stuyvesant Insurance Company, National Union Fire Insurance Company of Pittsburgh, PA, North River Insurance Company, Allstate Insurance Company a/s/o Marco Del Gado, as successor to Northbrook Excess and Surplus Insurance Company, Employers Insurance Company of Wausau, OneBeacon America Insurance Company, formerly referred to in this litigation as Commercial Union Insurance Company, Aetna Casualty & Surety Company, General Reinsurance Corporation, Government Employees Insurance Company, Granite State Insurance Company, Home Insurance Company, Indemnity Insurance Company of North America, Integrity Insurance Company, Greenwich Insurance Company, as successor to Harbor Insurance Company, National Casualty Company, Transit Casualty Company, AIU Insurance Company, Continental Corporation, Government Employees Insurance Company, Granite State Insurance Company, Harbor Insurance Company, National American Insurance Company of California, as successor to Stuyvesant Insurance Company, National Casualty Company, New York Property/Casualty Insurance Security Fund, Century Indemnity Company, as successor to Insurance Company of North America, Defendants.

United States Court of Appeals, Second Circuit.

Decided: December 19, 2012.


Attorney(s) appearing for the Case

Craig C. Martin , Jenner & Block LLP, Chicago, IL, for Plaintiff-Appellant.

Michael H. Cohen , Saiber LLC, Florham Park, NJ, for Defendant-Appellee.

Mary Beth Forshaw , Bryce L. Friedman , Simpson Thacher & Bartlett LLP, New York, NY, for OneBeacon American Insurance Company as amicus curiae in support of Defendant-Appellee.

Before: CHIN, LOHIER, and DRONEY, Circuit Judges.


DRONEY, Circuit Judge:

Plaintiff-Appellant Olin Corporation ("Olin") appeals from a grant of summary judgment in favor of Defendant-Appellee American Home Assurance Company ("American Home") in the United States District Court for the Southern District of New York (Griesa, J.). Olin brought this action against its insurers, including American Home, regarding environmental contamination at Olin sites in the United States. This appeal arises from proceedings...

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