Flow Autoclave Systems, Inc. et al v. Lumbermens Mutual Casualty Company et al
| Flow Autoclave Systems, Inc., Flow Pressure Systems, ABB Pressure Systems, Avure Technologies AB and Avure Technologies, Inc. |
| Lumbermens Mutual Casualty Company, Kemper Insurance Companies, Crucible Materials Corporation, Travelers Property Casualty Company of America and Zurich American Insurance Company |
| 5:2008cv00915 |
| August 25, 2008 |
| US District Court for the Northern District of New York |
| Insurance Office |
| Onondaga |
| David E. Peebles |
| David N. Hurd |
| None |
| Diversity |
| 28:1441 Petition for Removal- Insurance Contract |
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Filing
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MEMORANDUM-DECISION & ORDER: Granting in Part, Denying in Part Lumbermens Mutual Casualty Companys and Defendants Motions for Summary Judgment filed in lead case 5:08-CV-865; No motions were made with regard to the member case. In view of the above d ecision in the lead case, subject to further clarification or agreement among counsel, the following claims and counterclaims in the member case remain for trial: (a) First Cause of Action, alleging Lumbermens and Kemper's breach of contract by refusing to defend the Flow entities in the property damage actions; (b) Second Cause of Action, seeking a declaration that Lumbermens is obligated to indemnify the plaintiffs in the property damage actions; (c) Third Cause of Action, seeking attorne ys' fees and disbursements resulting from Lumbermens and Kemper's alleged breach of contract; (d) First Counterclaim, seeking a declaration that no coverage exists due to the professional liability exclusion; (e) Second Counterclaim, seekin g a declaration that no coverage exists for claims arising out of the loss of the pressurized containment system; and (f) Third Counterclaim, seeking a declaration that no coverage exists for property damage caused by the Flow entities' work. Signed by Judge David N. Hurd on 2/17/2012. (see)
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