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OLD REPUBLIC INS. CO. v. CONCAST, INC.

No. 83 Civ. 986 (RLC).

588 F.Supp. 616 (1984)

OLD REPUBLIC INSURANCE CO., Plaintiff, v. CONCAST, INC., Sumitomo Heavy Industries, Ltd., and Federal Insurance Company, Defendants. CONCAST, INC., and Sumitomo Heavy Industries, Ltd., Third-Party Plaintiffs, v. FRED S. JAMES & CO. OF NEW YORK, Third-Party Defendants.

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

March 22, 1984.

Attorney(s) appearing for the Case

Sheft and Wright, New York City, for plaintiff; Norman J. Golub, John R. Wright, New York City, of counsel.

Donovan Leisure Newton & Irvine, New York City, for defendant Concast, Inc.; Paul A. Crotty, John Casaly, New York City, of counsel.

Acito & Klein, P.C., New York City, for defendant Federal Ins. Co.; Elinore B. Klein, New York City, of counsel.

Reid & Priest, New York City, for defendant Sumitomo Heavy Industries, Ltd.; Charles Schirmeister, John Noonan, New York City, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

Old Republic Insurance Co. ("Old Republic"), has sued Concast, Inc. ("Concast"), Sumitomo Heavy Industries ("SHI"), and Federal Insurance Co. ("Federal"), for a declaratory judgment that its Umbrella Policy with Concast does not afford coverage to SHI. Old Republic provides excess liability insurance to Concast. Federal is Concast's primary insurer. The issue of SHI's coverage under Concast's insurance policy with...

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