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HANOVER INS. CO. v. WEIRFIELD COAL, INC.

1:19-CV-04456 (AMD) (ST).

474 F.Supp.3d 564 (2020)

HANOVER INSURANCE COMPANY, Plaintiff, v. WEIRFIELD COAL, INC. f/k/a Weirfield Coal & Oil, Inc., Penn-Star Insurance Company, U.S. Underwriters and Insurance Company, Katherine Carbajal, Individually and as Parent and Natural Guardian of MC, and Marvin Carbajal, Individually, Defendants. Penn-Star Insurance Company, Counterclaimant, v. Hanover Insurance Company, Counterclaim Defendant. Penn-Star Insurance Company, Cross-Complainant, v. Weirfield Coal, Inc., Cross-Defendant. Penn-Star Insurance Company, Third-Party Plaintiff, v. Markel Insurance Company, et al., Third-Party Defendants.

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

Signed July 24, 2020.

Attorney(s) appearing for the Case

Joanna Lyn Young , Kennedy's CMK LLP, New York, NY, Daniel Pickett , Kennedys CMK LLP, Basking Ridge, NJ, for Plaintiff/Counterclaim Defendant.

Charles Bergin , Tressler LLP, New York, NY, for Third-Party Defendants Markel Insurance Company, Markel International Insurance Company Limited.

Annie Erin Causey , Woods Lonergan & Read PLLC, New York, NY, for Third-Party Defendant Poma Realty Co., Inc.

Brad Curtis Westlye , Brad Westlye , Attorney at Law, New York, NY, for Defendant/Counterclaimant/Cross-Complainant/Third-Party Plaintiff Penn-Star Insurance Company.

Annie Erin Causey , James F. Woods , Woods Lonergan & Read PLLC, New York, NY, for Defendant Weirfield Coal, Inc.

Steven Verveniotis , Miranda Sambursky Slone Sklarin Verveniotis LLP, Mineola, NY, for Defendant U.S. Underwriters Insurance Co.

Daniel John Woodard , Melissa Lea Stewart , Yitzchak M. Fogel , Phillips & Paolicelli, LLP, New York, NY, for Defendants Katherine Carbajal, Marvin Carbajal.

MEMORANDUM DECISION AND ORDER

This declaratory judgment action stems from a complex insurance dispute among several different insurance carriers seeking to determine which insurance policy— if any—is operative for a state court personal injury action. On August 2, 2019, Hanover...

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