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WESTRM-WEST RISK MARKETS, LTD. v. LUMBERMENS MUT. CAS. CO.

No. 02 Civ.7344 MGC.

314 F.Supp.2d 229 (2004)

WESTRM-WEST RISK MARKETS, LTD., Plaintiff, v. LUMBERMENS MUTUAL CASUALTY COMPANY, Universal Bonding Insurance Company, XL Reinsurance America, Inc., and Greenwich Insurance Company, Defendants.

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

April 19, 2004.

Attorney(s) appearing for the Case

Kasowitz, Benson, Torres & Friedman, L.L.P., New York, NY, By: Michael Fay, Marc Youngelson, Kim Conroy, for WestRM-West Risk Markets Ltd.

LeBoeuf, Lamb, Greene & MacRae, L.L.P., New York, NY, By: Larry P. Schiffer, Kevin Schroth, for XL Reinsurance America, Inc. and Greenwich Insurance Co.

OPINION

CEDARBAUM, District Judge.

WestRM-West Risk Markets, Ltd. ("WestRM") sues for payment under four surety bonds issued by defendants Greenwich Insurance Company ("Greenwich") and XL Reinsurance America, Inc. ("XL Reinsurance").1 After limited discovery, WestRM moved for summary judgment. For the following reasons, the motion is granted.

Background

The following facts are undisputed, except where...

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