AMERICAN SPECIAL RISK INS. v. DELTA AMERICA INS.

Nos. 84 Civ. 1329(PNL), 85 Civ. 9860(PNL).

836 F.Supp. 183 (1993)

AMERICAN SPECIAL RISK INSURANCE COMPANY, Plaintiff, v. DELTA AMERICA RE INSURANCE CO., DR Insurance Company, and National Distillers and Chemical Corporation, Defendants. DR INSURANCE COMPANY, Counterclaim Plaintiff, v. AMERICAN SPECIAL RISK INSURANCE COMPANY, Alexander & Alexander of New York, Inc., Alexander Howden Insurance Brokers, Ltd., and Atlanta International Insurance Company, Counterclaim Defendants.

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

November 11, 1993.


Attorney(s) appearing for the Case

Lord Day & Lord, Barrett Smith, New York City, Eugene F. Bannigan, John D. Gordan, III, Monica A. Derham, David Stoelting, of counsel, for plaintiff.

Breed, Abbott & Morgan, New York City, James D. Zirin, Alan J. Sorkowitz, Arthur C. Fahlbusch, Jr., of counsel, for defendants DR Ins. Co. and National Distillers and Chemical Corp.


OPINION AND ORDER

LEVAL, District Judge.

Defendants DR Insurance Company ("DR") and National Distillers and Chemical Corporation ("National Distillers") move for summary judgment, contending that English law should govern this action and that, under English law, the contracts on which plaintiff American Special Risk Insurance Company ("ASRIC") sues are illegal and therefore unenforceable.

Background

Unless otherwise noted...

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