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NAT. UNION FIRE INS. CO. v. AMERICAN RE-INS. CO.

No. 03 Civ. 6999(DC).

351 F.Supp.2d 201 (2005)

NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PENNSYLVANIA, Plaintiff, v. AMERICAN RE-INSURANCE CO., Defendant.

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

January 3, 2005.

Attorney(s) appearing for the Case

Edwards & Angell, LLP, by Vincent J. Vitkowsky, Esq., Michael Thompson, Esq., New York, NY, for Plaintiff.

Rubin, Fiorella & Friedman, LLP, by Bruce M. Friedman, Esq., Ricardo Sanchez, Esq., New York, NY, for Defendant.

OPINION

CHIN, District Judge.

In this diversity action for breach of contract, two insurance companies dispute the applicability of a pollution exclusion clause of a reinsurance policy. Defendant American Re-Insurance Company ("American Re") moves for summary judgment pursuant to Fed.R.Civ.P. 56 and plaintiff National Union Fire Insurance Company of Pittsburgh, Pennsylvania ("National Union") cross-moves to strike American Re's second affirmative...

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