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VILLAGE OF ENDICOTT v. INSURANCE CO.

No. 89-CV-572 (FJS).

914 F.Supp. 36 (1996)

The VILLAGE OF ENDICOTT, NEW YORK, Plaintiff, v. INSURANCE COMPANY OF NORTH AMERICA, and The Aetna Casualty and Surety Company, Defendants.

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

February 6, 1996.

Attorney(s) appearing for the Case

Whiteman, Osterman & Hanna (Jean F. Gerbini, of counsel), Albany, New York, for Plaintiff.

O'Melveny & Meyers (Thomas G. Carruthers, of counsel), New York City, for Defendant Insurance Co. of N.A.

DECISION AND ORDER

SCULLIN, District Judge:

On December 1, 1995, this Court issued a Decision and Order in the above-referenced matter in which it, inter alia, denied a motion by defendant Insurance Company of North America ("INA") for summary judgment based upon late notice of occurrence and granted the Village of Endicott ("the Village") partial summary judgment on its claim that INA has a duty to defend it in the underlying CERCLA action...

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