Emons Industries, Inc. v. Liberty Mutual Fire Insurance

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge:

In this diversity action, Emons Industries, Inc. (“Emons”) seeks a declaratory judgment holding that Liberty Mutual Fire Insurance Company (“Liberty”) and Reserve Insurance Company (“Reserve”) are con tractually obligated to indemnify Emons for product liability arising from the sale of a pharmaceutical product known as Diethyl-stilbestrol or, more commonly, DES. In 1979, I granted partial summary judgment in favor of Emons holding that Liberty and Reserve were each liable for fifty percent of the cost of defending the product liability…