MATTER OF IDEAL MUT. INS.


140 A.D.2d 62 (1988)

In the Matter of the Liquidation of Ideal Mutual Insurance Company. James P. Corcoran, Superintendent of Insurance of The State of New York, as Liquidator of Ideal Mutual Insurance Company, Appellant, v. B. Frederick Becker et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

September 8, 1988


Attorney(s) appearing for the Case

James Sandnes of counsel (Michael P. Tierney, Marc J. Korpus, David S. Douglas and Peter Phillips with him on the brief; Cahill Gordon & Reindel, P. C., attorneys), for appellant.

Michael V. Corrigan of counsel (Donald K. Stockdale, Jr., and Cindy F. Forman with him on the brief; Simpson Thacher & Bartlett, attorneys), for B. Frederick Becker and others, respondents.

James F. Rittinger of counsel (Satterlee Stephens Burke & Burke, attorneys), for Thomas A. Duffield and others, respondents.

Luanne Surace of counsel (Dechert Price & Rhoads, attorneys), for Robert A. Wachsler, respondent.

A. Broadus Anderson, III, of counsel (Friedman, Levy & Anderson, attorneys), for William R. Spence, respondent.

Henry James Wallach of counsel (Hart & Hume, attorneys), for Joseph B. Gibson, respondent.

Bernard Hubscher for Gerard Dolman, respondent.

William P. Laino of counsel (Lynch Rowin Burnbaum & Crystal, attorneys), for Frederick A. Vyn, respondent.

Paul C. Kurland of counsel (Snow, Becker, Kroll, Klaris & Krauss, P. C., attorneys), for Thomas A. Ruden, respondent.

KUPFERMAN, J. P., ROSS, KASSAL and ROSENBERGER, JJ., concur.


ELLERIN, J.

This action, which charges various officers and directors of Ideal Mutual Insurance Co. with breach of their fiduciary duties and mismanagement leading to the company's insolvency, was instituted by the Superintendent of Insurance as liquidator of the company. The instant appeal concerns the validity of certain affirmative defenses interposed by the defendant officers and directors which are based...

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