UTICA MUTUAL INSURANCE COMPANY PLAINTIFF APPELLANT v. ET AL DEFENDANTS (2017)

Supreme Court, Appellate Division, Fourth Department.

UTICA MUTUAL INSURANCE COMPANY, PLAINTIFF–APPELLANT, v. ALFA MUTUAL INSURANCE COMPANY, AMERICAN AGRICULTURAL INSURANCE COMPANY, ARROWOOD INDEMNITY COMPANY, DORINCO REINSURANCE COMPANY, EMPLOYERS MUTUAL CASUALTY COMPANY, FACTORY MUTUAL INSURANCE COMPANY, FARMERS MUTUAL HAIL INSURANCE COMPANY OF IOWA, GENERAL SECURITY NATIONAL INSURANCE COMPANY, GREAT AMERICAN INSURANCE COMPANY, GREATER NEW YORK MUTUAL INSURANCE COMPANY, GUARANTEE INSURANCE COMPANY, HANOVER INSURANCE COMPANY, THE HARTFORD STEAM BOILER INSPECTION AND INSURANCE COMPANY, HASTINGS MUTUAL INSURANCE COMPANY, MERASTAR INSURANCE COMPANY, MERRIMACK MUTUAL FIRE INSURANCE COMPANY, METROPOLITAN GROUP PROPERTY AND CASUALTY INSURANCE COMPANY, MITSUI SUMITOMO INSURANCE USA INC., MOSAIC INSURANCE COMPANY, MOTORISTS MUTUAL INSURANCE COMPANY, PARTNERRE INSURANCE COMPANY OF NEW YORK, FORMERLY KNOWN AS WINTERTHUR REINSURANCE CORPORATION OF AMERICA, FORMERLY KNOWN AS “WINTERTHUR” SWISS INSURANCE COMPANY, U.S. BRANCH, PRAETORIAN INSURANCE COMPANY, SEATON INSURANCE COMPANY, SENTRY INSURANCE A MUTUAL COMPANY, SIRIUS AMERICA INSURANCE COMPANY, STATE FARM FIRE AND CASUALTY COMPANY, UNITED FIRE AND CASUALTY COMPANY, WAUSAU UNDERWRITERS INSURANCE COMPANY, WESTERN NATIONAL MUTUAL INSURANCE COMPANY, WESTPORT INSURANCE COMPANY, ZURICH AMERICAN INSURANCE COMPANY, DEFENDANTS–RESPONDENTS, ET AL., DEFENDANTS.

CA 17–00305

Decided: October 06, 2017

PRESENT:  WHALEN, P.J., PERADOTTO, LINDLEY, NEMOYER, AND CURRAN, JJ.

HUNTON & WILLIAMS LLP, WASHINGTON, D.C. (SYED S. AHMAD, OF THE WASHINGTON, D.C. AND VIRGINIA BARS, ADMITTED PRO HAC VICE, OF COUNSEL), FELT EVANS, LLP, CLINTON, FOR PLAINTIFF–APPELLANT. HOGAN LOVELLS U.S. LLP, NEW YORK CITY (SEAN THOMAS KEELY OF COUNSEL), FOR DEFENDANTS–RESPONDENTS.