TRAVELERS CASUALTY AND SURETY COMPANY, FORMERLY KNOWN AS THE AETNA CASULTY INSURITY COMPANY plf-ap, v. ALFA LAVAL INC., FORMERLY KNOWN AS THE DELAVAL SEPERATOR COMPANY, def-res, AMERICAN SURETY COMPANY def, ONEBEACON AMERICA INSURANCE COMPANY, def-ap

8484. TRAVELERS CASUALTY AND SURETY COMPANY, FORMERLY KNOWN AS THE AETNA CASULTY INSURITY COMPANY plf-ap, v. ALFA LAVAL INC., FORMERLY KNOWN AS THE DELAVAL SEPERATOR COMPANY, def-res, AMERICAN SURETY COMPANY def, ONEBEACON AMERICA INSURANCE COMPANY, def-ap — Graham Curtin, P.A., New York (Stephen V. Gimigliano of counsel), for Travelers Casualty and Surety Company and The Standard Fire Insurance Company, ap — Hardin, Kundla, McKeon & Poletto, P.A., New York (Stephen P. Murray of counsel), for Onebeacon America Insurance Company, ap — Anderson Kill & Olick, P.C., New York (William G. Passannante and Cort T. Malone of counsel), for res — Order, Supreme Court, New York County (Debra A. James, J.), entered November 22, 2011, which, to the extent appealed from as limited by the briefs, granted defendant Alfa Laval Inc.'s motion for partial summary judgment declaring that plaintiff Travelers Casulty and Surety Company and defendant OneBeacon American Insurance Company are obligated to provide it with a complete defense against those claims that fell within the applicable scope of their policies, and denied Travelers' and OneBeacon's cross motions for summary judgment declaring that they have a duty to defend the underlying asbestos claims only on a pro rata "time on the risk" basis, unanimously modified, on the law, to vacate the declaration as to OneBeacon, as premature, and otherwise affirmed, with costs, to be paid by Travelers to Alfa Laval.

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8484. TRAVELERS CASUALTY AND SURETY COMPANY, FORMERLY KNOWN AS THE AETNA CASULTY INSURITY COMPANY plf-ap, v. ALFA LAVAL INC., FORMERLY KNOWN AS THE DELAVAL SEPERATOR COMPANY, def-res, AMERICAN SURETY COMPANY def, ONEBEACON AMERICA INSURANCE COMPANY, def-ap — Graham Curtin, P.A., New York (Stephen V. Gimigliano of counsel), for Travelers Casualty and Surety Company and The Standard Fire Insurance Company, ap — Hardin, Kundla, McKeon & Poletto, P.A., New York (Stephen P. Murray of counsel), for Onebeacon America Insurance Company, ap — Anderson Kill & Olick, P.C., New York (William G. Passannante and Cort T. Malone of counsel), for res — Order, Supreme Court, New York County (Debra A. James, J.), entered November 22, 2011, which, to the extent appealed from as limited by the briefs, granted defendant Alfa Laval Inc.’s motion for partial summary judgment declaring that plaintiff Travelers Casulty and Surety Company and defendant OneBeacon American Insurance Company are obligated to provide it with a complete defense against those claims that fell within the applicable scope of their policies, and denied Travelers’ and OneBeacon’s cross motions for summary judgment declaring that they have a duty to defend the underlying asbestos claims only on a pro rata “time on the risk” basis, unanimously modified, on the law, to vacate the declaration as to OneBeacon, as premature, and otherwise affirmed, with costs, to be paid by Travelers to Alfa Laval.

In this declaratory judgment action, Alfa Laval seeks insurance coverage under policies issued by several companies, including Travelers, for underlying asbestos bodily injury claims brought against Alfa Laval and its predecessor in name, DeLaval, as well as Alfa Laval’s historical competitor, a company named Sharples, Inc. (the underlying claims), which assets Alfa Laval acquired in 1988.

TRAVELERS CASUALTY AND SURETY COMPANY, FORMERLY KNOWN AS THE AETNA CASULTY INSURITY COMPANY plf-ap, v. ALFA LAVAL INC., FORMERLY KNOWN AS THE DELAVAL SEPERATOR COMPANY, def-res, AMERICAN SURETY COMPANY def, ONEBEACON AMERICA INSURANCE COMPANY, def-ap

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