Philadelphia Indemnity Insurance v. Employers Insurance

OPINION AND ORDER

LYNCH, District Judge.

Children’s Discovery Centers and Knowledge Universe (“Children’s Discovery”) ran a daycare center at the World Trade Center in Manhattan, which the September 11, 2001 terrorist attacks destroyed. On that date, because of a transition in insurance coverage, both plaintiff Philadelphia Indemnity Insurance Company (“Philadelphia”) and defendant Employers Insurance Company of Wausau (“Wau-sau”) insured Children’s Discovery for property damage. The parties jointly paid Children’s Discovery’s claim, without prejudice to their legal rights, and now dispute the…