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ARGONAUT INS. v. HARTFORD ACC. AND INDEM. INS.

Nos. 86 Civ. 03057 (RWS), 86 Civ. 0358 (RWS) and 86 Civ. 1232 (RWS).

687 F.Supp. 911 (1988)

ARGONAUT INSURANCE COMPANY, INC., Plaintiff, v. HARTFORD ACCIDENT AND INDEMNITY INSURANCE COMPANY, and U.S. Fire Insurance Company, Defendants. ARGONAUT INSURANCE COMPANY, INC., Plaintiff, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, Defendant. UNITED STATES FIRE INSURANCE COMPANY, individually and as subrogee of Montefiore Hospital and Medical Center, and Federation of Jewish Philanthropies, Plaintiffs, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, and Argonaut Insurance Company, Inc., Defendants.

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

July 7, 1988.

Attorney(s) appearing for the Case

Garcia, Stallone, Gass & Caliendo, Melville, N.Y. (Joseph F. Garcia, of counsel), for Argonaut Ins. Co.

Anthony J. McNulty, New York City, for U.S. Fire Ins. Co.

Harold B. Berel, New York City, for Hartford Acc. & Indem. Co.

OPINION

SWEET, District Judge.

Defendant and third-party plaintiff U.S. Fire Insurance Company ("U.S. Fire") has moved pursuant to Fed.R.Civ.P. 56 for an order granting partial summary judgment on the issue of liability on its second, third and fourth causes of action against defendants Hartford Accident and Indemnity Company ("Hartford") and Argonaut Insurance Co., Inc. ("Argonaut"). U.S. Fire has also moved pursuant to Fed.R.Civ.P. 37(c) for an order granting...

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