XL INSURANCE AMERICA, INC. v. LUMBERMENS MUTUAL CASUALTY COMPANY

601852/07, Motion Seq. No. 001

2009 NY Slip Op 30021 (U)

XL INSURANCE AMERICA, INC., Plaintiff, v. LUMBERMENS MUTUAL CASUALTY COMPANY, Defendant

Supreme Court of the State of New York, New York County.

January 5, 2009.


DORIS LING-COHAN, Judge.

Defendant Lumbermens Mutual Casualty Company ("Lumbermens") moves: (i) to dismiss each cause of action asserted by plaintiff XL Insurance America, Inc. ("XL") pursuant to CPLR 3211(a)(2) on the ground that the Court does not have subject matter jurisdiction; and (ii) for summary judgment dismissing the causes of action asserted against it. XL cross-moves for summary judgment pursuant to CPLR 3212 and 3001 declaring that Lumbermens has a duty...

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