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GREATER NEW YORK INS. CO. v. NORTH RIVER INS. CO.

Civ. A. Nos. 94-5223 and 94-5554.

872 F.Supp. 1403 (1995)

GREATER NEW YORK MUTUAL INSURANCE COMPANY v. NORTH RIVER INSURANCE COMPANY, et al. NORTH RIVER INSURANCE COMPANY v. GREATER NEW YORK MUTUAL INSURANCE COMPANY.

United States District Court, E.D. Pennsylvania, Civ. Division.

January 18, 1995.

Attorney(s) appearing for the Case

Timothy Costello, Francis J. Deasey, Deasey, Mahoney, Bender & McKenna, Ltd., Philadelphia, PA, for North River Ins. Co., Crum and Forster, Inc., Rodin Management Inc., Crown Park Investors.

James W. Christie, Mary Ellen Nepps, Christie, Pabarue, Mortensen and Young, Philadelphia, PA, for Greater New York Ins. Co.

MEMORANDUM

BARTLE, District Judge.

These consolidated diversity actions involve a dispute between a primary and an excess insurance company. Before the court are cross motions to dismiss pursuant to Rule 12(b)(6) and to strike pursuant to Rule 12(f) of the Federal Rules of Civil Procedure. Pennsylvania law applies to both cases.

The dispute arises over a complicated settlement of a state court personal injury lawsuit. The settlement was reached...

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