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PHILADELPHIA INDEMNITY INS. v. EMPLOYERS INS. CO. OF WAUSAU

No. 02 Civ.2069(GEL).

318 F.Supp.2d 170 (2004)

PHILADELPHIA INDEMNITY INSURANCE COMPANY, Plaintiff, v. EMPLOYERS INSURANCE COMPANY OF WAUSAU, Defendant.

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

March 11, 2004.

Attorney(s) appearing for the Case

Francine N. Nisim, Duane Morris LLP, New York, N.Y. (Mitchell L. Lathrop, on the brief), for Plaintiff.

Rachel Rose Hager, Budd Larner Rosenbaum Greenberg & Sade, P.C., New York, N.Y. (Christopher S. Finazzo, on the brief), for Defendant.

OPINION AND ORDER

LYNCH, District Judge.

Children's Discovery Centers and Knowledge Universe ("Children's Discovery") ran a daycare center at the World Trade Center in Manhattan, which the September 11, 2001 terrorist attacks destroyed. On that date, because of a transition in insurance coverage, both plaintiff Philadelphia Indemnity Insurance Company ("Philadelphia") and defendant Employers Insurance Company of Wausau ("Wausau") insured Children...

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