MATTER OF INTERSTATE INS. CO.


47 N.Y.2d 909 (1979)

In the Matter of the Ancillary Receivership of Interstate Insurance Company. Murphy Pacific Marine Salvage Corporation (Merritt Division), Appellant; Superintendent of Insurance of the State of New York, as Ancillary Receiver of Interstate Insurance Company, Respondent.

Court of Appeals of the State of New York.

Decided June 26, 1979.


Attorney(s) appearing for the Case

Daniel J. Reidy for appellant.

Herbert Rubin, Edward L. Birnbaum and Howard S. Edinburgh for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

When its liability insurance carrier, the Interstate Insurance Company, became insolvent, petitioner, Merritt Division of Murphy Pacific Marine Salvage Corporation, was forced to satisfy a judgment out of its own assets. Seeking reimbursement, petitioner filed a claim with respondent, the Superintendent of Insurance, purportedly in accordance...

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