United States Second Circuit

Summary judgment for defendant-insurer in a breach of contract action involving one of the September 11, 2001, terrorist attacks is vacated with respect to claims for property damage and loss of business income since it cannot be determined at summary judgment whether those claims could validly be assigned to plaintiff, a successor in interest to the insured.

Appellate Information

• Decided 01/09/2006
• Published 01/10/2006

Judges

• CALABRESI, Circuit Judge., Before:  CALABRESI and RAGGI, Circuit Judges, MURTHA, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Lee M. Epstein (John W. Fried and Linda J. Karpell, of counsel), Fried Epstein & Rettig LLP, New York, N.Y., for Plaintiff-Appellant., Laura A. Foggan (Alicia C. Ritter, of counsel), Wiley Rein & Fielding LLP, Washington, D.C., for Amicus Curiae Complex Insurance Claims Litigation Association.


• For Appellees:
  
• Stephen E. Goldman (Wynstan M. Ackerman, of counsel), Robinson & Cole LLP, Hartford, Conn., for Defendant-Appellee.