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NATIONAL GRANGE MUT. INS. CO. v. CONTINENTAL CAS. INS. CO.

No. 85 Civ. 5783.

650 F.Supp. 1404 (1986)

NATIONAL GRANGE MUTUAL INSURANCE COMPANY, Plaintiff, v. CONTINENTAL CASUALTY INSURANCE COMPANY, Beaver Smelting and Refining Corp., Woodbourne Mining, Smelting and Refining Corp., Arthur Rosenshein, Isadore Rosenshein, Charlotte Rosenshein, and Doe: (Defendants 1-10, Inclusive), Defendants.

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

December 31, 1986.

Attorney(s) appearing for the Case

Sheft, Wright & Sweeney, New York City, for plaintiff; Norman J. Golub, Peter I. Sheft, J. Bradley Stansfield, Jr., of counsel.

Whiteman Osterman & Hanna, Albany, N.Y., for defendants Beaver Smelting and Refining Corp., Woodbourne Mining, Smelting and Refining Corp., Arthur Rosenshein, Isadore Rosenshein and Charlotte Rosenshein; Philip H. Gitlen, Philip H. Dixon, Lisa K. Kill, of counsel.

Rivkin, Radler, Dunne & Bayh, Uniondale, N.Y., for defendant CNA Ins. Companies, sued herein as Continental Cas. Ins. Co.; Jeffrey Silberfeld, John L. Rivkin, Alan S. Rutkin, Lawrence A. Levy, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

This litigation centers about the obligation of two insurance companies under their respective policies issued to an insured and arising by reason of an action instituted against the insured by the State of New York.

In December 1984, the State of New York commenced an action in this Court against the Beaver Smelting and Refining Corp., Woodbourne Mining, Smelting and Refining Corp. and its principal stockholders...

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