Victory Container Corp. v. Sphere Insurance
District Court, S.D. New York
1Opinion of the Court
MEMORANDUM
TENNEY, District Judge.
Plaintiffs Victory Container Corporation and Warrensburg Paper & Board Corp. have moved for partial summary judgment pursuant to Rule 56(c) of the Federal Rules of Civil Procedure against defendants Sphere Insurance Company and Excess Insurance Company on the issue of liability under an insurance policy issued by defendants. 1 Jurisdiction is based upon diversity. 28 U.S.C. § 1332. Plaintiffs claim that by the terms of the policy defendants’ total liability is $490,000. Sphere and Excess oppose the motion, asserting that maximum liability is $250,000. For the…
2Cases cited33 opinions
- Annette Heyman v. Commerce and Industry Insurance CompanyCourt of Appeals for the Second Circuit · 1975
- Hartford Accident & Indemnity Co. v. WesolowskiNew York Court of Appeals · 1973
- Engl v. ætna Life Ins. Co.Court of Appeals for the Second Circuit · 1943
- Bethlehem Steel Co. v. Turner Construction Co.New York Court of Appeals · 1957
- Hartol Products Corp. v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1943
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3Cited by5 opinions
- Altru Health System Altru Specialty Services, Inc. v. American Protection Insurance Company, a Member of Kemper National Insurance CompaniesCourt of Appeals for the Eighth Circuit · 2001
- Gilbert/Robinson, Inc. v. Sequoia Insurance Co.Missouri Court of Appeals · 1983
- Archer-Daniels-Midland Co. v. Phoenix Assurance Co.District Court, S.D. Illinois · 1996
- Altru Health System v. American ProtectionCourt of Appeals for the Eighth Circuit · 2001
- Chemical Bank v. Pocono Country Place, Inc.District Court, S.D. New York · 1980