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FLEET BUSINESS CREDIT v. GLOBAL AEROSPACE

Nos. 02 Cv. 3721(BSJ)(JCF), 02 Cv. 9360(BSJ)(JCF).

646 F.Supp.2d 473 (2009)

FLEET BUSINESS CREDIT L.L.C., Plaintiff, v. GLOBAL AEROSPACE UNDERWRITING MANAGERS LTD., Indemnity Insurance Company of North America, the Marine Insurance, Commercial Union, GU International, Mitsui Marine and Fire, Munich Re, Eagle Star, and Tokio Marine and Fire, Defendants. Highland Capital Management L.P., Plaintiff, v. Global Aerospace Underwriting Managers Ltd., Indemnity Insurance Company of North America, Marine Insurance, Commercial Union, and CGU International, Defendants.

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

July 28, 2009.

Attorney(s) appearing for the Case

Gary Silverman, O'Dwyer and Bernstein, L.L.P., New York, NY, Michael H. Moirano, Nisen & Elliott, LLC, Robert D. Sweeney, Chicago, IL, for Plaintiff.

Katherine B. Posner, New York, NY, for Defendants.

OPINION & ORDER

BARBARA S. JONES, District Judge.

These consolidated actions concern a dispute over the extent of coverage of an insurance policy issued to a commercial airline, Tower Air Inc. ("Tower"). On June 18, 2009, Magistrate Judge Francis issued a Report and Recommendation ("R & R") that advised the Court to grant in part and deny in part a motion for summary judgment filed by Defendants. Both Plaintiffs and Defendants object to portions...

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