MATTER OF F. O. BAROFF CO., INC.

No. 122, Docket 76-5020.

555 F.2d 38 (1977)

In the Matter of F. O. BAROFF COMPANY, INC., Debtor. AMERICAN BANK & TRUST COMPANY, Plaintiff-Appellant, v. Edward S. DAVIS, Trustee, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 12, 1977.


Attorney(s) appearing for the Case

Vincent Syracuse, New York City (Kaye, Scholer, Fierman, Hays & Handler, Reavis & McGrath and David C. Birdoff, New York City, on the brief), for plaintiff-appellant.

Philip H. Curtis, New York City (Hughes, Hubbard & Reed, L. Homer Surbeck and James W. Giddens, New York City, on the brief), for defendant-appellee.

Before FRIENDLY, HAYS and MULLIGAN, Circuit Judges.


HAYS, Circuit Judge:

On this appeal is presented the novel but narrow question whether under the New York law of insurance, the estate of a bankrupt insured which has sustained loss otherwise within the scope of its policy of indemnity has a right to the proceeds of the policy which is superior to the right of a third person with an unsatisfied claim against the insured within the scope of the insurance agreement. We hold that New York Insurance Law § 167(1)...

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