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FULTON BOILER WORKS, INC. v. AMERICAN MOTORISTS

No. 5:06-CV-1117.

828 F.Supp.2d 481 (2011)

FULTON BOILER WORKS, INC., Plaintiff, v. AMERICAN MOTORISTS INSURANCE COMPANY; American Manufacturers Mutual Insurance Company; OneBeacon Insurance Company, as successor to Commercial Union Insurance Company; Employers Insurance Company of Wausau; Travelers Casualty & Surety Company; and Nationwide Mutual Insurance Company, Defendants.

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

December 9, 2011.

Attorney(s) appearing for the Case

Brian J. Osias, Esq. , Gita F. Rothschild, Esq. , Anne E. Matthews, Esq. , McCarter & Enghsh LLP, Newark, NJ, for Plaintiff.

James B. Green, Esq. , Charlston, Revich & WoUitz LLP, Los Angeles, CA, James A. Hoare, Esq. , Rochester, NY, Richard P. Plochocki, Esq. , Syracuse, NY, for Defendants, American Motorists Insurance Company and American Manufacturers Mutual Insurance Company.

Kristin V. Gallagher, Esq. , Carroll, McNulty & Kull LLC, New York, NY, for Defendant, OneBeacon Insurance Company.

Jennifer V. Schiffmacher, Esq. , Williamsville, NY, Sheila M. Finn Schwedes, Esq. , North Syracuse, NY, Law Offices of Epstein & Hartford, for Defendants, Employers Insurance Company of Wausau and Nationwide Mutual Insurance Company.

Robert W. Mauriello, Jr., Esq. , Stephen V. Gimighano, Esq. , Morristown, NJ, for Defendant, Travelers Casualty & Surety Company.

MEMORANDUM-DECISION and ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

On April 25, 2006, plaintiff Fulton Boiler Works, Inc. ("plaintiff" or "Fulton") filed this action in New York State Supreme Court, Oswego County, against defendants American Motorists Insurance Company, American Manufacturers Mutual Insurance Company (collectively "AMICO"),1 and OneBeacon Insurance Company ...

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