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FLEET BUS. CREDIT v. GLOBAL AEROSPACE UNDERWRITING

Nos. 02 CV 3721 BSJ JCF, 02 CV 9360 BSJ JCF.

812 F.Supp.2d 342 (2011)

FLEET BUSINESS CREDIT, L.L.C., Plaintiff, v. GLOBAL AEROSPACE UNDERWRITING MANAGERS LTD., Indemnity Insurance Company of North America, The Marine Insurance Commercial Union, GU International, Mitsui Marine and Fire, Munich RE, Eagle Star, and Tokio Marine and Fire, Defendants. Highland Capital Management L.P., Plaintiff, v. Global Aerospace Underwriting Managers Ltd., Indemnity Insurance Company of North America, The Marine Insurance, Commercial Union, and CGU International, Defendants.

United States District Court, S.D. New York.

July 6, 2011.

Attorney(s) appearing for the Case

Gary Silverman , O'Dwyer and Bernstein, L.L.P., New York, NY, Michael H. Moirano , Nisen & Elliott, LLC, Chicago, IL, for Plaintiff.

Katherine B. Posner , Eugene Frank Massamillo , Kaplan, Massamillo & Andrews, L.L.C., New York, NY, for Defendants.

OPINION

BARBARA S. JONES, District Judge.

INTRODUCTION

These consolidated cases arise out of insurance claims for the loss of aircraft and engine parts made by Fleet Business Credit LLC ("Fleet"), a lessor, and Highland Capital Management LP ("Highland"), a secured lender, to Tower Air, Inc. ("Tower"). Fleet and Highland were "additional insureds" under an Airline Hull, Spares and Liability...

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