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FIDELITY & DEPOSIT CO. v. PINK

No. 38.

302 U.S. 224 (1937)

FIDELITY & DEPOSIT CO. v. PINK, SUPERINTENDENT OF INSURANCE OF NEW YORK.

Supreme Court of United States.

Decided December 6, 1937.

Attorney(s) appearing for the Case

Mr. Harold L. Smith, with whom Messrs. Ralph S. Harris and E. Myron Bull were on the brief, for petitioner.

Mr. Irvin Waldman, with whom Mr. Alfred C. Bennett was on the brief, for respondent.

By leave of Court, Messrs. Ernest L. Wilkinson and Allen C. Rowe filed a brief on behalf of the Surety Association of America, as amicus curiae, urging issuance of the writ of certiorari.

MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

In 1930 Southern Surety Company, a New York corporation, issued to John DeMartini Co., Inc., a fidelity insurance bond and on the same day reinsured half of the risk with petitioner, Fidelity & Deposit Company of Maryland. The DeMartini Co. claimed a loss. While this was in course of adjustment (March, 1932), a New York court adjudged the Southern Company insolvent and dissolved it. Respondent Pink, Superintendent...

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