Liberty Surplus Insurance v. Segal Co.

SUMMARY ORDER

At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, at Foley Square, in the City of New York, on the 9th day of August, two thousand five.

AFTER ARGUMENT AND UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment is AFFIRMED with respect to Segal’s counterclaim for declaratory relief.

INTRODUCTION

This appeal arises out of a second-layer excess insurance policy provided by Liberty Surplus Insurance Corporation (“Liberty”) to The Segal Company (“Segal”) for the policy…