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NEWCAP INS. CO. v. EMPLOYERS REINSURANCE CORP.

No. 02-2361-JWL.

295 F.Supp.2d 1229 (2003)

NEWCAP INSURANCE COMPANY, Plaintiff, v. EMPLOYERS REINSURANCE CORPORATION, Defendant.

United States District Court, D. Kansas.

December 12, 2003.

Attorney(s) appearing for the Case

Elizabeth Raines, James S. Kreamer, Baker, Sterchi, Cowden & Rice, L.L.C., Kansas City, MO, Joanna Valk Stromberg, John S. Worden, Kathleen Ann Stimeling, Tracy C. Lemmon, Morgenstein & Jubelirer, L.L.P., San Francisco, CA, for Plaintiff.

Douglas S. Beck, John E. Jackson, III, Robert T. Adams, Shook, Hardy & Bacon L.L.P., Kansas City, MO, for Defendant.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

This lawsuit arises from a reinsurance dispute between the reinsured, plaintiff NewCap Insurance Company ("NewCap"), and the reinsurer, defendant Employers Reinsurance Corporation ("ERC"). The matter is presently before the court on the parties' cross-motions for summary judgment (Docs. 59 & 62). For the reasons explained below, the court will grant ERC's motion and deny NewCap's motion with respect to...

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