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BELLEFONTE REINSURANCE CO. v. AETNA CAS. AND SUR. CO.

No. 83 Civ. 8613(RJW).

590 F.Supp. 187 (1984)

BELLEFONTE REINSURANCE COMPANY, Mission Insurance Company, the Insurance Company of the State of Pennsylvania, North American Company for Property and Casualty Insurance and Constitution Reinsurance Corporation, Plaintiffs, v. AETNA CASUALTY AND SURETY COMPANY, Defendant.

United States District Court, S.D. New York.

July 5, 1984.

Attorney(s) appearing for the Case

Finley, Kumble, Wagner, Heine, Underberg, Manley & Casey, New York City, for plaintiffs; C. Raymond Nelson, Stacey E. Athans, New York City, of counsel.

Kornstein Meister & Veisz, New York City, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for defendant; Daniel J. Kornstein, Howard S. Veisz, New York City and John G. Harkins, Jr., Marion K. Littman, Robert L. Hickok, James Lawless IV, Philadelphia, Pa., of counsel.

OPINION

ROBERT J. WARD, District Judge.

Plaintiffs, various reinsurers of defendant, Aetna Casualty and Surety Company ("Aetna"), instituted this action under the Federal Declaratory Judgment Act, 28 U.S.C. § 2201 (the "Act"),1 for a declaratory judgment determining the rights and obligations of the parties pursuant to a series of reinsurance contracts. Aetna moves to dismiss the amended complaint pursuant to Rule 12(b)...

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