JP MORGAN CHASE & CO. et al., Appellants,
v.
INDIAN HARBOR INSURANCE COMPANY et al., Defendants, and ARCH INSURANCE COMPANY et al., Respondents.
JP MORGAN CHASE & CO. et al., Respondents,
v.
INDIAN HARBOR INSURANCE COMPANY et al., Appellants, et al., Defendants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Troutman Sanders LLP, New York City ( Matthew J. Aaronson of counsel), Troutman Sanders LLP, Washington, DC ( John R. Gerstein , of the District of Columbia and Maryland bars, admitted pro hac vice, of counsel), and Troutman Sanders LLP, Chicago, Illinois ( David F. Cutter , of the Illinois, Maryland and District of Columbia bars, admitted pro hac vice, of counsel), for Indian Harbor Insurance Company, appellant.
Melito & Adolfsen PC, New York City ( S. Dwight Stephens of counsel), for Houston Casualty Company, appellant.
Kaufman Borgeest & Ryan LLP, Valhalla ( Scott A. Schechter of counsel), for Travelers Indemnity Company, appellant, and for Arch Insurance Company and another respondents.
Lewis Brisbois Bisgaard & Smith, LLP, New York City ( Stephanie A. Nashban of counsel), for Lumbermens Mutual Casualty Company, respondent.
Caughlin Duffy LLP, New York City ( Robert J. Kelly of counsel), for Swiss Re International SE, respondent.
GONZALEZ, P.J., ANDRIAS, RICHTER and ABDUS-SALAAM, JJ., concur with DEGRASSE, J.
Appellate Division of the Supreme Court of New York, First Department.
OPINION OF THE COURT
DeGRASSE, J.
Plaintiff alleges that defendants breached their contractual obligations to provide indemnification under excess insurance policies they issued. Plaintiff's predecessor, Bank One Corporation, purchased $175 million in "claims made" bankers professional liability insurance and securities action claim coverage for the period October 1, 2002 to October 1, 2003. Bank One's insurance program was structured as a tower of follow...
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