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MATTER OF TRANSIT CAS. CO. (DIGIROL)

79 N.Y.2d 13 (1992)

In the Matter of Transit Casualty Company. Alan Digirol, Appellant; Superintendent of Insurance, as Ancillary Receiver of Transit Casualty Company, Respondent.

Court of Appeals of the State of New York.

Decided January 14, 1992.

Attorney(s) appearing for the Case

Norman A. Palmiere for appellant.

David B. Hamm, William F. Jerome, Herbert Rubin and Linda M. Brown for respondent.

Judges SIMONS, ALEXANDER and BELLACOSA concur with Chief Judge WACHTLER; Judge KAYE dissents and votes to affirm in a separate opinion in which Judges TITONE and HANCOCK, JR., concur.

Chief Judge WACHTLER.

Claimant owned a small hotel which was destroyed by fire and which was insured by a company now insolvent and in liquidation by order of a Missouri court. He seeks to share as a creditor in the available assets, but the Superintendent of Insurance has rejected his claim on the ground that the liquidation order canceled all of the company's policies on a specified date, before the fire occurred...

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