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Certain Underwriters at Lloyd's, London v AT&T,Corp.2022 NY Slip Op 32255(U)July 11, 2022Supreme Court, New York CountyDocket Number: Index No. 653090/2013Judge: Joel M. CohenCases posted with a "30000" identifier, i.e., 2013 NY SlipOp 30001(U), are republished from various New YorkState and local government sources, including the NewYork State Unified Court System's eCourts Service.This opinion is uncorrected and not selected for officialpublication.

INDEX NO. 653090/2013[FILED: NEW YORK COUNTY CLERK 07/11/2022 03:48 P NYSCEF DOC. NO. 1399RECEIVED NYSCEF: 07/11/2022SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK: COMMERCIAL DIVISION PART ------------------------------------ XCERTAIN UNDERWRITERS AT LLOYD'S, LONDON,CERTAIN LONDON MARKET INSURANCE COMPANIESINCLUDING BUT NOT LIMITED TO ACCIDENT &CASUALTY INSURANCE COMPANY OF WINTERTHUR(NO. 2A/C), ALBA GENERAL INSURANCE COMPANYLIMITED (AS PART OF GIBBON A33, B02, C13, ANDD10 POOLS), ANGLO FRENCH INSURANCE COMPANYLIMITED, ASSICURAZIONI GENERALI SPA (UKBRANCH), BRITTANY INSURANCE COMPANY LIMITED,BRITISH MERCHANTS INSURANCE COMPANYLIMITED(AS PART OF CF&AU GROUP C POOL), exREINSURANCE COMPANY LIMITED, EAGLE STARINSURANCE COMPANY OF CANADA, EXCESSINSURANCE COMPANY LIMITED, FIDELIDADEINSURANCE COMPANY OF LISBON(AS PART OFGIBBON A33,B02, C13 POOLS), HARPER INSURANCELTD F/K/A TUREGUM INSURANCE COMPANY,HELVETIA ACCIDENT SWISS INSURANCE COMPANYLIMITED(AS PART OF GIBBON A22,C13, AND D10POOLS), LONDON AND EDINBURGH GENERALINSURANCE COMPANY LIMITED (FOR ITSELF AND ASPART OF CF & AU GROUP C POOL HS WEAVERS ANDLONDON AND ENDINBURGH GENERAL INSURANCECOMPANY LIMITED TOWER X POOL), NATIONALCASUALTY COMPANY(FOR ITSELF AND AS PART OFGIBBON B02 AND GIBBON NATIONAL CASUALTYPOOLS), NATIONAL CASUALTY COMPANY OFAMERICA LIMITED, NEW LONDON REINSURANCECOMPANY LIMITED, RIVER THAMES INSURANCECOMPANY LIMITED, ROYAL SCOTTISH INSURANCECOMPANY LIMITED (FOR ITSELF AND AS PART OFUMA POOL), SOUTHERN INSURANCE COMPANYLIMITED, STRONGHOLD INSURANCE COMPANYLIMITED, SWISSNATIONAL INSURANCE COMPANYLIMITED (AS PART OF GIBBON D10 POOL),SWITZERLAND GENERAL INSURANCE COMPANY (ASPART OF GIBBON D10 POOL), THE ANGLO SAXONINSURANCE ASSOCIATION (FOR ITSELF AND ASPART OF CF & AU GROUP C POOL), THE BRITISHAVIATION INSURANCE COMPANY LIMITED, THEDOMINION INSURANCE COMPANY LIMITED(FORITSELF AND AS PART OF CF&AU GROUP C POOL),THE EDINBURGH ASSURANCE COMPANY NUMBER 2ACCOUNT, THE MOTOR UNION INSURANCECOMPANY LIMITED, THE WORLD MARINE & GENERALINSURANCE COMAPNY(AS PART OFUMA POOL),TRENT INSURANCE COMPANY LIMITED (AS PART OFUMA POOL), UNIONAMERICAN INSURANCE COMPANYLIMITED(FOR ITSELF AND AS SUCCESSOR IN653090/2013 CERTAIN UNDERWRITERS AT vs. AT&T, CORP.Motion No. 025[* 1]1 of 6INDEX NO.653090/2013MOTION DATEN/AMOTION SEQ. NO.025DECISION ORDER ONMOTIONPage 1 of 6

[FILED: NEW YORK COUNTY CLERK 07/11/2022 03:48 P NYSCEF DOC. NO. 1399INDEX NO. 653090/2013RECEIVED NYSCEF: 07/11/2022INTEREST TO ST KATHERINE INSURANCE COMPANYPLC), WINTERTHUR SWISS INSURANCE COMPANY,WORLD AUXILIARY INSURANCE CORPORATIONLIMITED, YASUDA FIRE & MARINE INSURANCECOMPANY(UK) LIMITED, AIU INSURANCE COMPANY,AMERICAN HOME ASSURANCE COMPANY, COLUMBIACASUALTY COMPANY, CONTINENTAL CASUALTYCOMPANY, CONTINENTAL INSURANCECOMPANY(FOR ITSELF AND AS SUCCESSOR ININTEREST TO FIDELITY & CASUALTY COMPANY OFNEW YORK HARBOR INSURANCE CO AND PACIFICINSURANCE COMPANY), GRANITE STATEINSURANCE COMPANY, ILLINOIS NATIONALINSURANCE COMAPNY, LEXINGTON INSURANCECOMPANY, NATIONAL UNION FIRE INSURANCECOMPANY OF PITTSBURGH PA, ONEBEACONAMERICA INSURANCE COMPANY(AS SUCCESSOR ININTEREST TO EMPLOYERS LIABILITY ASSURANCECOMPANY AND EMPLOYERS SURPLUS LINESINSURANCE COMPANY), STARR INDEMNITY &LIABILITY CO (AS SUCCESSOR TO REPUBLICINSURANCE COMPANY),Plaintiffs,- V -AT&T, CORP., AT&T, INC.,ALCATEL-LUCENT USA,INC.,AIU INSURANCE COMPANY, ALLIANZUNDERWRITERS INSURANCE COMPANY, ALLSTATEINSURANCE COMPANY, AMERICAN EXCESSINSURANCE ASSOCIATION, AMERICAN HOMEASSURANCE COMPANY, AMERICAN RE-INSURANCECOMPANY, ARROWOOD INDEMNITY COMPANY,ARROWOOD SURPLUS LINES INSURANCE COMPANY,ASSOCIATED ELECTRIC & GAS INSURANCESERVICES, LIMITED, CENTURY INDEMNITYCOMPANY, CERTAIN LONDON MARKET INSURANCECOMPANIES, ACCIDENT & CASUALTY INSURANCECOMPANY OF WINTERTHUR (NO.2 A/C), ALBAGENERAL INSURANCE COMPANY LIMITED, ANGLOFRENCH INSURANCE COMPANY LIMITED,ASSICURAZIONI GENERALI SPA (UK BRANCH),BRITTANY INSURANCE COMPANY LIMITED, BRITISHMERCHANTS' INSURANCE COMPANY LIMITED, exREINSURANCE COMPANY LIMITED, EAGLE STARINSURANCE COMPANY OF CANADA, EXCESSINSURANCE COMPANY LIMITED, FIDELIDADEINSURANCE COMPANY OF LIBSON, HARPERINSURANCE LTD, HELVETIA-ACCIDENT SWISSINSURANCE COMPANY, LONDON AND EDINBURGHGENERAL INSURANCE COMPANY LIMITED, NATIONALCASUALTY COMPANY, NATIONAL CASUALTYCOMPANY OF AMERICA LIMITED, NEW LONDON653090/2013 CERTAIN UNDERWRITERS AT vs. AT&T, CORP.Motion No. 025[* 2]2 of 6Page 2 of 6

[FILED: NEW YORK COUNTY CLERK 07/11/2022 03:48 P NYSCEF DOC. NO. 1399INDEX NO. 653090/2013RECEIVED NYSCEF: 07/11/2022REINSURANCE COMPANY LIMITED, RIVER THAMESINSURANCE COMPANY LIMITED, ROYAL SCOTTISHINSURANCE COMPANY LIMITED, SOUTHERNINSURANCE COMPANY LIMITED, STRONGHOLDINSURANCE COMPANY LIMITED, SWISS NATIONALINSURANCE COMPANY LIMITED, SWITZERLANDGENERAL INSURANCE COMPANY, THE ANGLOSAXON INSURANCE ASSOCIATION, THE BRITISHAVIATION INSURANCE COMPANY LIMITED, THEDOMINION INSURANCE COMPANY LIMITED, THEEDINBURGH ASSURANCE COMPANY NUMBER 2ACCOUNT, THE MOTOR UNION INSUANCE COMPANYLIMITED, THE WORLD MARINE & GENERALINSURANCE COMPANY, TRENT INSURANCECOMPANY LIMITED, UNION AMERICA INSURANCECOMPANY LIMITED, WINTERTHUR SWISS INSURANCECOMPANY, WORLD AUXILIARY INSURANCECORPORATION LIMITED, AND, YASUDA FIRE &MARINE INSURANCE COMPANY (UK) LIMITED,COLUMBIA CASUAL TY COMPANY, CONTINENTALCASUALTY COMPANY, CONTINENTAL INSURANCECOMPANY, EMPLOYERS MUTUAL CASUALTYCOMPANY, EVEREST REINSURANCE COMPANY,FEDERAL INSURANCE COMPANY, FIREMANS FUNDINSURANCE COMPANY, FIRST STATE INSURANCECOMPANY, GENERAL REINSURANCE CORPORATION,GERLING KONZERN ALLGEMEINE VERSICHERUNGSAG, GRANITE STATE INSURANCE COMPANY, GREATAMERICAN INSURANCE COMPANY, HARTFORD FIREINSURANCE COMPANY, HARTFORD INSURANCECOMPANY, ILLINOIS NATIONAL INSURANCECOMPANY, LEXINGTON INSURANCE COMPANY, MT.MCKINLEY INSURANCE COMPANY, NATIONAL UNIONFIRE INSURANCE COMPANY OF PITTSBURGH, PA,NEW YORK MARINE AND GENERAL INSURANCECOMPANY, NEW ENGLAND REINSURANCE COMPANY,NORTH RIVER INSURANCE COMPANY, NUTMEGINSURANCE COMPANY, OLD REPUBLIC INSURANCECOMPANY, ONEBEACON AMERICA INSURANCECOMPANY, PEERLESS INSURANCE COMPANY,SAFETY MUTUAL INSURANCE COMPANY, STARRINDEMNITY AND LIABILITY COMPANY, STONEWALLINSURANCE COMPANY, ST. PAUL SURPLUS LINESINSURANCE COMPANY, SWISS REINSURANCECOMPANY, LTD, THE TRAVELERS INSURANCECOMPANY, TIG INSURANCE COMPANY,TRANSAMERICA, TRANSAMERICA PREMIERINSURANCE COMPANY, TRAVELERS CASUALTY ANDSURETY COMPANY, TRAVELERS, TRAVELERSINDEMNITY COMPANY, TWIN CITY FIRE INSURANCECOMPANY, U.S. FIRE INSURANCE COMPANY,WESTPORT INSURANCE CORPORATION, ZURICHAMERICAN INSURANCE COMPANY, DOE INUSURERS1 - 50., HARTFORD ACCIDENT & INDEMNITY653090/2013 CERTAIN UNDERWRITERS AT vs. AT&T, CORP.Motion No. 025[* 3]3 of 6Page 3 of 6

[FILED: NEW YORK COUNTY CLERK 07/11/2022 03:48 P NYSCEF DOC. NO. 1399INDEX NO. 653090/2013RECEIVED NYSCEF: 07/11/2022COMPANY, FAIRMONT PREMIER INSURANCECOMPANY FORMERLY KNOWN AS TRANSAMERICAPREMIER INSURANCE COMPANY, TRANSAMERICAINSURANCE COMPANY, ALLIANZ VERSICHERUNGS AG, ZURICH INSURANCE COMPANY, LTD, ZURICHINTERNATIONAL (BERMUDA), ------------------------------------------------- XHON. JOEL M. COHEN:The following e-filed documents, listed by NYSCEF document number (Motion 025) 810, 811, 812, 813,814,815,816,817,818,822, 1043SEALwere read on this motion toDefendants Nokia of America Corporation ("Nokia") and AT&T Corp. ("AT&T")("Defendants") moves for an order sealing and redacting certain portions of NYSCEF Nos. 785,789, 793, 796, 797, 799, and 808, which were filed in connection with Nokia's Motion for PartialSummary Judgment. No parties oppose this motion. For the following reasons, Defendants'motion is granted.Pursuant to§ 216.1 (a) of the Uniform Rules for Trial Courts, this Court may seal a filing"upon a written finding of good cause, which shall specify the grounds thereof. In determiningwhether good cause has been shown, the court shall consider the interests of the public as well asof the parties" (22 NYCRR § 216.1 [a]).The Appellate Division has emphasized that "there is a broad presumption that the publicis entitled to access to judicial proceedings and court records" (Mosallem v Berenson, 76 AD3d345, 348 [1st Dept 2010]). "Since the right [of public access to court proceedings] is ofconstitutional dimension, any order denying access must be narrowly tailored to servecompelling objectives, such as a need for secrecy that outweighs the public's right toaccess" (Danco Labs., Ltd v Chemical Works of Gedeon Richter, Ltd, 274 AD2d 1, 6 [1st Dept653090/2013 CERTAIN UNDERWRITERS AT vs. AT&T, CORP.Motion No. 025[* 4]4 of 6Page 4 of 6

[FILED: NEW YORK COUNTY CLERK 07/11/2022 03:48 P NYSCEF DOC. NO. 1399INDEX NO. 653090/2013RECEIVED NYSCEF: 07/11/20222000] [emphasis added]; see also, e.g. Gryphon Dom. VI, LLC v APP Intern. Fin. Co., B. V, 28AD3d 322, 324 [1st Dept 2006]). "Furthermore, because confidentiality is the exception and notthe rule, 'the party seeking to seal court records has the burden to demonstrate compellingcircumstances to justify restricting public access"' (Maxim, Inc. v Feifer, 145 AD3d 516, 517[1st Dept 2016] [citations omitted]).The Court has reviewed NYSCEF Nos. 793, 796, 797, and 799, and finds that theycomport with the applicable sealing standards as laid out in Mosallem, 76 AD3d at 348-50, andits progeny, in that they contain sensitive and protected information, including a variety ofasbestos-related bodily injury suits involving AT&T and Nokia, including references to theamount incurred by Defendants in the defense and settlement of these asbestos-related suits.Likewise, the references to those documents in 785, 789, and 808 are properly redacted (seeredacted versions atNYSCEF 814,815, and 816).Accordingly, it is:ORDERED that Defendants' Motion to Seal and/or Redact is Granted; it is furtherORDERED that the County Clerk shall maintain NYSCEF Document Numbers 814,815, and 816 in their current, redacted form; it is furtherORDERED that the County Clerk shall maintain NYSCEF Document Numbers 785,789, 793, 796, 797, 799, and 808 under seal, so that the documents may only be accessible by theparties, their counsel, and authorized court personnel; and it is furtherORDERED that nothing in this Order shall be construed as authorizing the sealing orredactions of any documents or evidence to be offered at trial.This constitutes the Decision and Order of the Court.653090/2013 CERTAIN UNDERWRITERS AT vs. AT&T, CORP.Motion No. 025[* 5]5 of 6Page 5 of 6

INDEX NO. 653090/2013!FILED: NEW YORK COUNTY CLERK 07/11/2022 03 :48 PM!NYSCEF DOC. NO. 1399RECEIVED NYSCEF: 07/11/20227/11/2022DATECHECK ONE:APPLICATION:CHECK IF APPROPRIATE:JOEL M. COHEN, J.S.C. CASE DISPOSEDGRANTED DENIEDSETTLE ORDERINCLUDES TRANSFER/REASSIGN653090/2013 CERTAIN UNDERWRITERS AT vs. AT&T, CORP.Motion No. 025[* 6]6 of 6 NON-FINAL DISPOSITIONGRANTED IN PARTSUBMIT ORDERFIDUCIARY APPOINTMENT OTHERREFERENCEPage 6 of 6

aviation insurance company limited, the dominion insurance company limited(for itself and as part of cf&au group c pool), the edinburgh assurance company number 2 . insurance company, allianz versicherungs - ag, zurich insurance company, ltd, zurich international (bermuda), ltd.,