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TRAVELERS INDEM. CO. OF ILLINOIS v. CDL HOTELS USA, INC.

No. 03 Civ. 0716(MBM).

322 F.Supp.2d 482 (2004)

TRAVELERS INDEMNITY COMPANY OF ILLINOIS, Plaintiff, v. CDL HOTELS USA, INC., and as representative for an unincorporated association of interested insured parties, identified as Millenium Hotels, Defendant.

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

June 22, 2004.

Attorney(s) appearing for the Case

Alan R. Miller, Robins Kaplan Miller & Ciresi, Boston, MA, Michael L. Foran, Robert T. Boylan, Katherine E. Beaumont, Foran Glennon Palandech & Ponzi, Chicago, IL, for Plaintiff.

Robert E. Juceam, Greg L. Weiner, Maria Moukides, Fried Frank Harris Shriver & Jacobson, New York City, Steven N. Goldberg, David B. Goodwin, Nancy Sher Cohen, Heller Ehrman White & McAuliffe, LLP, New York City, for Defendant.

OPINION & ORDER

MUKASEY, District Judge.

Plaintiff Travelers Indemnity Company of Illinois ("Travelers") provided the second excess layer of property insurance coverage for the Millenium Hotels, including the Millenium Hilton in New York City owned and operated by defendant CDL Hotels USA, Inc. ("CDL"). After the hotel was damaged in the attack on the World Trade Center on September 11, 2001, CDL submitted a claim for, among other things, business interruption...

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