Search Results for: new york

Dinallo v. Dunav Insurance Co.

(S.D.N.Y. February 1, 2010)

In a motion for reconsideration in the federal district court for the Southern District of New York, a Serbian reinsurance company sought reversal of an order remanding a suit to New York State supreme court.  The suit was brought by the New York Superintendant of Insurance in his capacity as Liquidator of Midland Insurance Company.  Between 1978 and 1980, Midland entered into four separate reinsurance contracts with the Serbian reinsurer.  Each of …

Century Indemnity Co. v. Certain Underwriters at Lloyd’s

(E.D. Pa, January 11, 2010)

The instant action involves a reinsurance dispute where the two parties have filed a number of motions and cross-motion seeking injunctive relief and contempt of court regarding failure to paid monies owed.

The court denied both parties various motions.  First the court held that plaintiff’s cross-motion to enjoin a separate action pending in New York court based on the “first-filed” rule is without merit.  Specifically, the court held …

Union Carbide Corp. v. Affiliated FM Ins. Co.

(NY App. December 15, 2009)

A commercial policyholder sought a declaration that the stated aggregate limits of liability for multi-year excess policies apply on an annual basis. Each of the excess policies contained a declaration that specified a dollar amount as the "limit of liability" and states that the limit applies to each occurrence and "in the aggregate." The policyholder contended that, because the excess policies are silent as to whether the limit of liability is annualized, …

Dinallo v. Dunav Ins. Co.

(U.S. Dist. S.D.N.Y. November 19, 2009)

The Superintendant of Insurance of the State of New York, in his capacity as the liquidator of the insolvent Midland Insurance Company, filed suit against a Serbian reinsurance company.  The Superintendant alleges that, between November 1978 and October 1980, Midland and the defendant entered into four separate reinsurance treaties pertaining to certain insurance policies written by Midland.  Midland incurred various losses from claims on these policies that the Superintendant alleges were …