CENTURY INDEMNITY COMPANY, ETC. plf-ap, v. LIBERTY MUTUAL INSURANCE COMPANY def-res, CERTAIN UNDERWRITERS OF LLOYD'S AND LONDON MARKET INSURANCE COMPANIES def

9380. CENTURY INDEMNITY COMPANY, ETC. plf-ap, v. LIBERTY MUTUAL INSURANCE COMPANY def-res, CERTAIN UNDERWRITERS OF LLOYD'S AND LONDON MARKET INSURANCE COMPANIES def — O'Melveny & Myers LLP, New York (Elizabeth S. Kim of counsel), for ap — Gallet Dreyer & Berkey, LLP, New York (David S. Douglas of counsel), for Liberty Mutual Insurance Company, res — Kasowitz, Benson, Torres & Friedman LLP, New York (Keith McKenna of counsel), for Warren Pumps LLC, res — Order, Supreme Court, New York County (Anil C. Singh, J.), entered August 1, 2011, which to the extent appealed from, granted the motions by defendants Warren Pumps LLC and Liberty Mutual Insurance Company to dismiss the complaint on forum non conveniens grounds, unanimously affirmed, with costs.

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9380. CENTURY INDEMNITY COMPANY, ETC. plf-ap, v. LIBERTY MUTUAL INSURANCE COMPANY def-res, CERTAIN UNDERWRITERS OF LLOYD’S AND LONDON MARKET INSURANCE COMPANIES def — O’Melveny & Myers LLP, New York (Elizabeth S. Kim of counsel), for ap — Gallet Dreyer & Berkey, LLP, New York (David S. Douglas of counsel), for Liberty Mutual Insurance Company, res — Kasowitz, Benson, Torres & Friedman LLP, New York (Keith McKenna of counsel), for Warren Pumps LLC, res — Order, Supreme Court, New York County (Anil C. Singh, J.), entered August 1, 2011, which to the extent appealed from, granted the motions by defendants Warren Pumps LLC and Liberty Mutual Insurance Company to dismiss the complaint on forum non conveniens grounds, unanimously affirmed, with costs.

This is an action for a judgment declaring the extent to which Liberty Mutual is obligated to defend and indemnify defendant Warren Pumps LLC under certain primary liability insurance policies issued before 1970 (the Warren Only Policies). Plaintiffs are excess carriers who claim to have been exposed to substantial liability by reason of Liberty Mutual’s settlement of a large number of asbestosrelated claims for a nominal sum.

CENTURY INDEMNITY COMPANY, ETC. plf-ap, v. LIBERTY MUTUAL INSURANCE COMPANY def-res, CERTAIN UNDERWRITERS OF LLOYD'S AND LONDON MARKET INSURANCE COMPANIES def

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