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EMPLOYERS INSURANCE COMPANY OF WAUSAU v. HARLEYSVILLE PREFERRED INSURANCE COMPANY

No. 15cv4175(DLC).

EMPLOYERS INSURANCE COMPANY OF WAUSAU, Plaintiff, v. HARLEYSVILLE PREFERRED INSURANCE COMPANY, THE TRAVELERS INDEMNITY COMPANY, and THE ELECTRICAL EMPLOYERS SELF INSURANCE SAFETY PLAN, Defendants.

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

February 29, 2016.

Attorney(s) appearing for the Case

Employers Insurance Company of Wausau, Plaintiff, represented by Janet Jakyung Lee , Jaffe & Asher LLP & Marshall Todd Potashner , Jaffe & Asher LLP.

Harleysville Preferred Insurance Company, Defendant, represented by Brooks Howard Leonard , Riker Danzig Scherer Hyland & Perretti LLP, Margriet Allynn Schaberg , Riker Danzig Scherer Hyland Perretti LLP & Lance Jon Kalik , Riker, Danzig, Scherer, Hyland & Perretti, LLP.

The Travelers Indemnity Company, Defendant, represented by Alan C. Eagle , Rivkin Radler, LLP & Joanne Mary Engeldrum , Rivkin Radler, LLP.

Travelers Property Casualty Company of America, Defendant, represented by Joanne Mary Engeldrum , Rivkin Radler, LLP.

Hellman Electric Corp., Interested Party, represented by Martin Conway Galvin , Burke, Gordon & Conway.

Harleysville Preferred Insurance Company, Cross Claimant, represented by Margriet Allynn Schaberg , Riker Danzig Scherer Hyland Perretti LLP & Lance Jon Kalik , Riker, Danzig, Scherer, Hyland & Perretti, LLP.

The Travelers Indemnity Company, Cross Defendant, represented by Joanne Mary Engeldrum , Rivkin Radler, LLP.

Harleysville Preferred Insurance Company, Counter Claimant, represented by Margriet Allynn Schaberg , Riker Danzig Scherer Hyland Perretti LLP & Lance Jon Kalik , Riker, Danzig, Scherer, Hyland & Perretti, LLP.

Employers Insurance Company of Wausau, Counter Defendant, represented by Janet Jakyung Lee , Jaffe & Asher LLP & Marshall Todd Potashner , Jaffe & Asher LLP.

Harleysville Preferred Insurance Company, Cross Claimant, represented by Brooks Howard Leonard , Riker Danzig Scherer Hyland & Perretti LLP, Margriet Allynn Schaberg , Riker Danzig Scherer Hyland Perretti LLP & Lance Jon Kalik , Riker, Danzig, Scherer, Hyland & Perretti, LLP.

Travelers Property Casualty Company of America, Cross Defendant, represented by Joanne Mary Engeldrum , Rivkin Radler, LLP.

The Travelers Indemnity Company, Cross Defendant, represented by Alan C. Eagle , Rivkin Radler, LLP & Joanne Mary Engeldrum , Rivkin Radler, LLP.

Harleysville Preferred Insurance Company, Counter Claimant, represented by Brooks Howard Leonard , Riker Danzig Scherer Hyland & Perretti LLP, Margriet Allynn Schaberg , Riker Danzig Scherer Hyland Perretti LLP & Lance Jon Kalik , Riker, Danzig, Scherer, Hyland & Perretti, LLP.

Employers Insurance Company of Wausau, Counter Defendant, represented by Janet Jakyung Lee , Jaffe & Asher LLP & Marshall Todd Potashner , Jaffe & Asher LLP.

OPINION AND ORDER

This case arises from the tragic death of Nicholas Cavataio ("Cavataio") on August 5, 2014. Cavataio was working at a construction site when a large battery fell on him as it was being unloaded from a truck. Cavataio's estate filed a lawsuit in New York state court (the "Underlying Action...

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