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BRUNSWICK CORP. v. ST. PAUL FIRE AND MARINE INS. CO.

Civ. A. No. 79-4536.

509 F.Supp. 750 (1981)

BRUNSWICK CORPORATION v. ST. PAUL FIRE AND MARINE INSURANCE CO. and St. Paul Mercury Insurance Co. v. EMPLOYERS MUTUAL LIABILITY INSURANCE CO. OF WISCONSIN and Liberty Mutual Insurance Company and Northwestern National Casualty Co.

United States District Court, E. D. Pennsylvania.

January 30, 1981.

Attorney(s) appearing for the Case

Michael J. Mangan, Philadelphia, Pa., for plaintiff.

Christopher C. Fallon, Jr., John C. McNamara, Barton L. Post, Lawrence Robinson, Philadelphia, Pa., for defendants.

MEMORANDUM AND ORDER

BECHTLE, District Judge.

Presently before the Court are cross-motions for summary judgment raising the question whether the rights and assets transferred in a merger to the surviving corporation include the merged corporation's rights under a liability insurance policy, even though the insurance policy has a clause prohibiting assignment without the insurer's consent. Finding itself in accord with a small but unanimous and well-reasoned...

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