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AMEREX GROUP, INC. v. LEXINGTON INS. CO.

Docket No. 10-4163-cv.

678 F.3d 193 (2012)

AMEREX GROUP, INC., Amerex USA Inc., Plaintiffs-Appellants, v. LEXINGTON INSURANCE COMPANY, Westchester Surplus Lines Insurance Company, Defendants-Appellees, Ace USA, Defendant.

United States Court of Appeals, Second Circuit.

Decided: May 10, 2012.

Attorney(s) appearing for the Case

Dennis T. D'Antonio, Weg & Myers, P.C., New York, New York (Joshua L. Mallin, Jonathan C. Corbett, on the brief), for Plaintiffs-Appellants.

Mark L. Antin, Gennet, Kallmann, Antin & Robinson, P.C., Parsippany, New Jersey, for Defendants-Appellees.

Before: HALL, LYNCH, and CHIN, Circuit Judges.

GERARD E. LYNCH, Circuit Judge:

This case arises from a longstanding insurance dispute between plaintiffs-appellants Amerex Group, Inc., and Amerex USA Inc. ("Amerex"), and their excess insurers, defendants-appellees Lexington Insurance Company and Westchester Surplus Lines Insurance Company ("Excess Insurers"). Amerex initiated this suit on April 23, 2007, in the United States District Court for the Southern District of New York, after nearly four years of investigation...

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