ARKWRIGHT-BOSTON MFRS. MUT. INS. CO. v. CALVERT FIRE INS. CO.

No. 1167, Docket 89-7174.

887 F.2d 437 (1989)

ARKWRIGHT-BOSTON MANUFACTURERS MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. CALVERT FIRE INSURANCE COMPANY, Bankers & Shippers Insurance Company of New York, General Fire and Casualty Company, the Chiyoda Fire and Marine Insurance Company, Ltd., the Toyo Fire and Marine Insurance Company, Ltd., Instituto De Resseguros Do Brasil, the Taisei Fire and Marine Insurance Company, Ltd., and the Asahi Fire and Marine Insurance Company, Ltd., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 16, 1989.


Attorney(s) appearing for the Case

Fredrick E. Sherman, New York City (Thomas L. Abrams, Jones, Day, Reavis & Pogue, New York City, of counsel), for defendants-appellants.

Donald T. Rave, Jr., Bigham, Englar, Jones & Houston, New York City, for plaintiff-appellee.

Before VAN GRAAFEILAND, MESKILL and WINTER, Circuit Judges.


WINTER, Circuit Judge:

Defendants, a group of reinsurers, appeal from Judge Conner's decision awarding judgment to the plaintiff insurance company. Following a jury trial, Judge Conner held that defendants' attempted cancellation of a reinsurance contract was invalid. His ruling was based on the jury's finding that the intermediary to whom plaintiff had paid the premium was an agent for defendants and the undisputed fact that defendants had not made the requisite...

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