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NL INDUSTRIES, INC. v. COMMERCIAL UNION INS. CO.

Civ. No. 90-2124 (WHW).

926 F.Supp. 446 (1996)

NL INDUSTRIES, INC., Plaintiff, v. COMMERCIAL UNION INSURANCE COMPANY, Defendants. COMMERCIAL UNION INSURANCE COMPANY, Third-Party Plaintiff, v. CERTAIN UNDERWRITERS AT LLOYD'S, Insurance Company of North America, and Northbrook Excess and Surplus Insurance Company, Third-Party Defendants. NL INDUSTRIES, INC., Plaintiff, v. CERTAIN UNDERWRITERS AT LLOYD'S, Insurance Company of North America, and Northbrook Excess and Surplus Insurance Company, Third-Party Defendants.

United States District Court, D. New Jersey.

April 30, 1996.

Attorney(s) appearing for the Case

Peter B. Bensinger, Jr., Bartlit Beck Herman Palenchar & Scott, Chicago, Illinois and Kirkland & Ellis, Chicago, Illinois and Kevin J. Connell, McCarter & English, Newark, New Jersey, for Plaintiff NL Industries.

Richard S. Feldman, David M. Cassidy, Howard M. Tollin, Michael J. Balch, Rivkin, Radler & Kremer, Uniondale, New York, and Joni F. Mason, Rivkin, Radler & Kremer, Newark, New Jersey, and Einhorn, Harris, Ascher & Barbarito, Denville, New Jersey, for Defendant and Third-Party Plaintiff Commercial Union.

Terry Cosgrove, Peterson & Ross, Chicago, Illinois and William B. McGuire, Tompkin, McGuire & Wachenfeld, Newark, New Jersey, for Third-Party Defendant Certain Underwriter's at Lloyd's, London and British Companies.

Paul Koepff, Joseph Boury, O'Melveny & Myers, New York City, and Ribis, Graham & Curtin, Morristown, New Jersey, for Third-Party Defendant Insurance Company of North America.

OPINION

WALLS, District Judge.

This matter comes before the Court on plaintiff NL Industries, Inc. ("NL") motion for summary judgment against defendant Commercial Union Insurance Company ("CU"); on CU's cross-motions for summary judgment against NL, and third-party defendants Certain Underwriters at Lloyd's ("Lloyd's"), and Insurance Company of North America ("INA"); and on Lloyd's cross motion for summary judgment against CU.

FACTS

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