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HANOVER INS. CO. v. WEIRFIELD COAL, INC.

1:19-CV-04456 (AMD) (ST).

474 F.Supp.3d 564 (2020)

HANOVER INSURANCE COMPANY, Plaintiff, v. WEIRFIELD COAL, INC. f/k/a Weirfield Coal & Oil, Inc., Penn-Star Insurance Company, U.S. Underwriters and Insurance Company, Katherine Carbajal, Individually and as Parent and Natural Guardian of MC, and Marvin Carbajal, Individually, Defendants. Penn-Star Insurance Company, Counterclaimant, v. Hanover Insurance Company, Counterclaim Defendant. Penn-Star Insurance Company, Cross-Complainant, v. Weirfield Coal, Inc., Cross-Defendant. Penn-Star Insurance Company, Third-Party Plaintiff, v. Markel Insurance Company, et al., Third-Party Defendants.

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

Signed July 24, 2020.

Attorney(s) appearing for the Case

Joanna Lyn Young, Kennedy's CMK LLP, New York, NY, Daniel Pickett, Kennedys CMK LLP, Basking Ridge, NJ, for Plaintiff/Counterclaim Defendant.

Charles Bergin, Tressler LLP, New York, NY, for Third-Party Defendants Markel Insurance Company, Markel International Insurance Company Limited.

Annie Erin Causey, Woods Lonergan & Read PLLC, New York, NY, for Third-Party Defendant Poma Realty Co., Inc.

Brad Curtis Westlye, Brad Westlye, Attorney at Law, New York, NY, for Defendant/Counterclaimant/Cross-Complainant/Third-Party Plaintiff Penn-Star Insurance Company.

Annie Erin Causey, James F. Woods, Woods Lonergan & Read PLLC, New York, NY, for Defendant Weirfield Coal, Inc.

Steven Verveniotis, Miranda Sambursky Slone Sklarin Verveniotis LLP, Mineola, NY, for Defendant U.S. Underwriters Insurance Co.

Daniel John Woodard, Melissa Lea Stewart, Yitzchak M. Fogel, Phillips & Paolicelli, LLP, New York, NY, for Defendants Katherine Carbajal, Marvin Carbajal.

MEMORANDUM DECISION AND ORDER

This declaratory judgment action stems from a complex insurance dispute among several different insurance carriers seeking to determine which insurance policy— if any—is operative for a state court personal injury action. On August 2, 2019, Hanover...

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