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INDIAN HARBOR INSURANCE COMPANY v. NL ENVIRONMENTAL MANAGEMENT SERVICES, INC.

No. 12 Civ. 2045 (PGG).

INDIAN HARBOR INSURANCE COMPANY, Plaintiff, v. NL ENVIRONMENTAL MANAGEMENT SERVICES, INC.; NL INDUSTRIES, INC.; SAYREVILLE SEAPORT ASSOCIATES, L.P.; J. BRIAN O'NEILL; J. BRIAN O'NEILL PROPERTIES GROUP, L.P.; BANK OF AMERICA, N.A.; THE PROVIDENT BANK, N/K/A M&T BANK; THE NORTHERN TRUST CO.; SAYREVILLE SEAPORT ASSOCIATES ACQUISITION COMPANY, LLC; THE PRUDENTIAL INSURANCE COMPANY OF AMERICA; SAYREVILLE ECONOMIC & REDEVELOPMENT AGENCY; MIDDLESEX COUNTY; and MERION CONSTRUCTION MANAGEMENT, LLC, Defendants.

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

March 19, 2013.

MEMORANDUM OPINION & ORDER

PAUL G. GARDEPHE, District Judge.

Plaintiff Indian Harbor Insurance Company seeks a declaration that a pollution and remediation liability policy (the "Policy") it issued does not provide coverage to Defendants NL Industries, Inc. ("NL") and NL Environmental Management Services, Inc. ("EMS") (collectively, the "NL Defendants") in connection with an action pending against the NL Defendants in the District of New Jersey (the...

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