OLIN CORP. v. ONEBEACON AMERICAN INS. CO.

Docket No. 15-2047(L); 15-2057 (XAP); 15-2757 (CON); 15-2763 (XAP) August Term, 2016.

864 F.3d 130 (2017)

OLIN CORPORATION, Plaintiff-Counter-Defendant-Appellee-Cross-Appellant, v. ONEBEACON AMERICA INSURANCE COMPANY, Referred to in this Litigation as Commercial Union Insurance Company, Defendant-Appellant-Cross-Appellee, Insurance Company of North America, Hanover Insurance Company, as successor to Massachusetts Bonding and Insurance Company, American Reinsurance Company, Certain Underwriters at Lloyds 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, 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, Pennsylvania, 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, American Home Assurance Company, Century Indemnity Company, Defendants, Olin-hunt Specialty Products Incorporated, Third-Party-Defendant.

United States Court of Appeals, Second Circuit.

Decided: July 18, 2017.


Attorney(s) appearing for the Case

CRAIG C. MARTIN ( Mathew E. Price , Brian S. Scarbrough , and Matthew J. Thomas , on the brief), Jenner & Block LLP, Chicago, Illinois, for Plaintiff-Counter-Defendant-Appellee-Cross-Appellant.

BRYCE L. FRIEDMAN ( Summer Craig , on the brief), Simpson Thacher & Bartlett LLP, New York, New York, for Defendant-Appellant-Cross-Appellee.

Before: Hall, Livingston, and Droney, Circuit Judges.


In this consolidated appeal, Defendant-Appellant-Cross-Appellee OneBeacon American Insurance Company ("OneBeacon") appeals from two judgments entered pursuant to Federal Rule of Civil Procedure 54(b) in favor of Plaintiff-Counter-Defendant-Appellee-Cross-Appellant Olin Corporation ...

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