In an action claiming that defendant insurer was bound by the terms of an excess insurance policy it had issued to contribute to the satisfaction of a state-court judgment of liability in a personal injury action against two entities for whom the insured had been a contractor, summary judgment for plaintiffs is reversed where the district court erred in deciding that the state-court judgment established legal liability against the insured.

Read General Star Nat. Ins. Co. v. Universal Fabricators, Inc., No. 07-4443

Appellate Information

Argued: September 3, 2008

Decided: November 5, 2009

Judges

Opinion by Judge Sack

Counsel

For Appellant:

Christopher Bradley, Marshall, Conway, Wright & Bradley, P.C., New York, NY

For Appellees:

Patrick W. Brophy, McMahon, Martine & Gallagher, LLP, Brooklyn, NY

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