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CITY OF NEW HAVEN v. INSURANCE COMPANY OF STATE OF PENNSYLVANIA

No. 12-1356-cv.

CITY OF NEW HAVEN, Plaintiff-Appellant, DONNA APONTE, ADMINISTRATOR OF THE ESTATE OF DARIO APONTE, Intervenor Plaintiff, v. INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Defendant-Appellee, CHARTIS SPECIALTY INSURANCE CO., Defendant.

United States Court of Appeals, Second Circuit.

February 4, 2013.

Attorney(s) appearing for the Case

Edward W. Gasser , Gasser Law Firm, LLC, Avon, Connecticut, for Appellant.

Donald E. Frechette , John D. Hughes , Aubrey E. Ruta , Edwards Wildman Palmer LLP, Hartford, Connecticut, for Appellee.

PRESENT: PIERRE N. LEVAL, REENA RAGGI, DEBRA ANN LIVINGSTON,

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on March 9, 2012, is AFFIRMED.

Plaintiff City of New Haven ("New Haven") appeals from an award of summary judgment in favor of defendant Insurance Company of the State of Pennsylvania ("ISOP") on New Haven's action for (1) a declaration that an excess liability insurance policy (the "Policy") covers certain claims asserted against New Haven arising...

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