CERTAIN v. PNEUMO

Citation Codes

Equivalent Citations

citation codes

Docket Number

No. 10043N, Index 602493/02.

Attorney(S)

Mendes Mount, LLP, New York (Eileen T. McCabe of counsel), for London Market Insurers, appellants. Cozen O'Connor, New York (Patrick M. Kennell of counsel), for Federal Insurance Company, appellant. Crowell Moring, LLP, Washington, DC (Barry M. Parsons of counsel), for Northern Assurance Company of America, successor to certain insurance liabilities of Falcon Insurance Company and Century Indemnity Company, appellants. Hogan Hartson, LLP, New York (Peter J. Dennin of counsel), for First State Insurance Company, appellant. Hardin, Kundla, McKeon Poletto, New York (George R. Hardin of counsel), for Mt. McKinley Insurance Company, appellant. Simpson Thacher Bartlett, LLP, New York (Jonathan K. Youngwood of counsel), for The Travelers Indemnity Company, sued herein as Travelers Casualty Surety Company, appellant. Morgan, Lewis Bockius LLP, New York (David A. Luttinger, Jr. of counsel), for respondent.

Judges

John W. Sweeny

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CERTAIN UNDERWRITERS AT LLOYD'S LONDON et al., Appellants, v. PNEUMO ABEX CORPORATION et al., Defendants, and CENTURY INDEMNITY COMPANY, as Successor in Interest to California Union Insurance Company, et al., Appellants, PEPSIAMERICAS, INC., Defendant-Respondent.

While the parties and issues in this action and the federal litigation are not completely identical, and the federal litigation involving the obligations of excess insurers was commenced three years after the present action, the familiarity of the federal court with the issues, the substantial identity of the parties, and the interdependence of the issues involving primary and excess insurers, weigh in favor of adjudicating the federal litigation in advance of this action ( see Asher v Abbott Labs., 307 AD2d 211, lv dismissed 98 NY2d 728 [2002]). If issues and obligations raised in this action remain unresolved at the conclusion of the federal litigation, this action can be reactivated. Plaintiffs, who remained inactive for 20 years, as well as the appealing defendants, have not demonstrated that they will be prejudiced by a stay.

CERTAIN UNDERWRITERS AT LLOYD'S LONDON et al., Appellants, v. PNEUMO ABEX CORPORATION et al., Defendants, and CENTURY INDEMNITY COMPANY, as Successor in Interest to California Union Insurance Company, et al., Appellants, PEPSIAMERICAS, INC., Defendant-Respondent.

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