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KOKEN v. GPC INTERN., INC.

No. Civ.05-223 SLR.

443 F.Supp.2d 631 (2006)

M. Diane KOKEN, in her official capacity as Insurance Commissioner of the Commonwealth of Pennsylvania, as Liquidator of Reliance Insurance Company (In Liquidation), Plaintiff, v. GPC INTERNATIONAL, INC., Defendant and Third-Party Plaintiff, v. Zurich-American Insurance Company, Third-Party Defendant.

United States District Court, D. Delaware.

July 31, 2006.

Attorney(s) appearing for the Case

Gerald E. Arth, and Cheryl A. Garber, of Fox Rothschild LLP, Philadelphia, Pennsylvania; Sheldon K. Rennie, of Fox Rothschild LLP, Wilmington, Delaware, for Plaintiff.

Andre G. Bouchard, and John M. Seaman, of Bouchard Margules & Friedlander, P.A., Wilmington, DE, Olshan Grundman Frome Rosenzweig & Wolosky LLP, New York, NY (Herbert C. Ross, and Lori Marks-Esterman, of counsel) for Defendant and Third-Party Plaintiff.

MEMORANDUM OPINION

SUE L. ROBINSON, Chief Judge.

I. INTRODUCTION

On April 15, 2005, plaintiff Diane Koken ("plaintiff'), as liquidator of Reliance Insurance Company ("Reliance"), filed this breach of contract action against defendant GPC International, Inc. ("defendant") to recover retrospective worker's compensation policy premiums allegedly owed to Reliance by defendant. (D.I.1) Defendant filed its original answer on June 24, 2005...

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