Liberty Surplus Insurance v. Segal Co.

In a summary order filed concurrently with this opinion, we affirmed the decision of the United States District Court for the Southern District of New York (Barbara S. Jones, Judge) to grant summary judgment in favor of The Segal Company (“Segal”) with respect to a coverage dispute between Segal and its second-layer excess insurance provider, Liberty Surplus Insurance Corporation (“Liberty”). We assume the parties’ familiarity with the facts, procedural history, issues on appeal, and the concurrently filed summary order. We now address Segal’s cross-appeal, in which Segal argues that the…