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CITY OF BURLINGTON v. ARTHUR J. GALLAGHER & CO.

No. 2:94-CV-152.

944 F.Supp. 333 (1996)

BURLINGTON, VT, CITY OF; Lloyd's London Underwriters Similarly Situated Subscribing to Airport Owners' and Operators' Liability Insurance Policy No. ISL 3890 and Particularly Designated by Respective Syndicate Nos. 800, 960, 998, 53, 48, 117, 270, 97, 619, 814, 738, 1,054, 545, 295, 402, 312, 331, 310, 850, 256, 448, 925 and 581, Underwriters listed individually as Aviation and General Insurance Company Limited; Prudential Assurance Company Limited; Pearl Assurance Company Limited, per Aviation and General Insurance Group; Phoenix Assurance Company Limited; Guardian Royal Exchange Assurance Group; Norwich Union Fire Insurance Society Limited, per London Aviation Insurance Group; London Aviation Insurance Group Comprising 100% Phoenix Assurance Public Limited Company; Thread-needle Insurance Company Limited; Minster Insurance Company Limited; Marine Insurance Company Limited Aviation Account, The; Yorkshire "T" Insurance Company Limited; Commercial Union Assurance Company Limited; Nippon Fire and Marine Insurance Company (UK) Limited; Switzerland General Insurance Company (London), per English Aviation Group; Cigna Insurance Company Limited; Compagnie D'Assurances Maritimes Aeriennes Et Terrestres; Assurance Generales De France; Groupe Des Assurances Nationales Incendie Accidents, per Westminster Aviation Insurance Group; Aegon Insurance Company (UK) Limited; Assicurazioni Generali Di Trieste e Venezia SpA; Dominion Insurance Company Limited, The, Plaintiffs, v. ARTHUR J. GALLAGHER & CO.; Gallagher Bassett Service, Inc.; Gallagher Plumer Ltd.; International Special Risk Services, Inc., Defendants.

United States District Court, D. Vermont.

October 1, 1996.

Attorney(s) appearing for the Case

Franklin F. Bass, Rosenman & Colin, New York, NY, John Lewis Franco, Jr., Burlington, VT, for plaintiffs.

Charles Norman Hurt, Jr., Downs, Rachlin & Martin, St. Johnsbury, VT, Michael W. Coffield, Stephen O'Donnell, Theodore E. Harman, Coffield, Ungaretti & Harris, Chicago, IL, for defendants.

OPINION AND ORDER

SESSIONS, District Judge.

This is an action for breach of contract and professional negligence in which an insurance broker (hereinafter "Defendants") allegedly failed to provide notice of a claim against the insured (hereinafter "Burlington") to the insurer (hereinafter "Underwriters"). The matter was referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(A) and (B). The Report and Recommendation of...

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