Legal Opinion

Indian Harbor Insurance v. Factory Mutual Insurance

District Court, S.D. New York

Decided August 17, 2005No. 05 Civ. 2564PKLPublishedCited by 87 opinions

1Opinion of the Court

OPINION AND ORDER

LEISURE, District Judge.

Plaintiffs, The Trustees of the University of Pennsylvania (“Penn”) and Indian Harbor Insurance Company (“Indian Harbor”), bring this action for declaratory judgment, pursuant to 28 U.S.C. § 2201, against defendant Factory Mutual Insurance Company d/b/a FM Global (“FM”). Plaintiffs jointly seek a declaration that an insurance policy issued by FM to Penn provides coverage for damages Penn sustained at its veterinary hospital. Indian Harbor further seeks a judgment declaring that its own policy with Penn covers only those damages in excess of those…

2Cases cited28 opinions

  1. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  2. Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
  3. Stewart Organization, Inc. v. Ricoh Corp.Supreme Court of the United States · 1988
  4. Van Dusen v. BarrackSupreme Court of the United States · 1964
  5. Factors Etc., Inc. And Boxcar Enterprises Inc. v. Pro Arts, Inc. And Stop and Shop Companies, Inc.Court of Appeals for the Second Circuit · 1978

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3Cited by87 opinions

  1. American Steamship Owners Mutual Protection & Indemnity Ass'n v. LaFarge North America, Inc.District Court, S.D. New York · 2007
  2. ESPN, Inc. v. Quiksilver, Inc.District Court, S.D. New York · 2008
  3. Liberty Mutual Insurance v. Fairbanks Co.District Court, S.D. New York · 2014
  4. EasyWeb Innovations, LLC v. Facebook, Inc.District Court, E.D. New York · 2012
  5. Atlantic Recording Corp. v. Project Playlist, Inc.District Court, S.D. New York · 2009

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