In the Matter of the Liquidation of Union Indemnity Insurance Company of New York.
Michigan National Bank-Oakland, Appellant,
v.
American Centennial Insurance Company et al., Respondents, et al., Defendants. Salvatore R. Curiale, Superintendent of Insurance, as Liquidator of Union Indemnity Insurance Company of New York, Third-Party Plaintiff-Intervenor-Respondent-Appellant,
v.
American Centennial Insurance Company et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
May 3, 1994
May 3, 1994
Attorney(s) appearing for the Case
Leo T. Crowley of counsel (Robert S. De Leon with him on the brief; Winthrop, Stimson, Putnam & Roberts, attorneys), for appellant.
Lawrence I. Brandes of counsel (Nancy K. Eisner and William M. Popalisky with him on the brief; Rosenman & Colin, attorneys), for American Centennial and others, respondents/third-party defendants-respondents.
LeBoeuf, Lamb, Leiby & MacRae for Kansa, respondent/third-party defendant-respondent.
Steven E. Lewis of counsel (David Klein with him on the brief; Dunnington, Bartholow & Miller, attorneys), for Aneco, respondent/third-party defendant-respondent.
Peter J. Biging of counsel (Michael D. Brown with him on the brief; Ohrenstein & Brown, attorneys), for Philan and Benodet, respondents/third-party defendants-respondents.
Larry P. Schiffer of counsel (Tracy A. Stein and Evan L. Smoak with him on the brief; Werner & Kennedy, attorneys), for Hannover, respondent/third-party defendant-respondent.
R. Mark Keenan and Anna S. Chacko of counsel (Randall E. Cooper with them on the brief; Stephen Doody, and Anderson Kill Olick & Oshinsky, P. C., attorneys), for third-party plaintiff-intervenor-respondent-appellant.
W. Henry Jernigan, Jr., of counsel (Jacqueline Syers Duncan with him on the brief; Jackson & Kelly, attorneys), for Commissioner of Insurance for Commonwealth of Kentucky, amicus curiae.
ELLERIN, J. P., RUBIN and NARDELLI, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, First Department.
KUPFERMAN, J.
Union Indemnity Insurance Company of New York (Union Indemnity), a subsidiary of Frank B. Hall & Co., Inc. (Hall), was placed into liquidation by order of the Supreme Court, New York County (Ira Gammerman, J.), entered July 16, 1985, based in part upon the finding that it was insolvent, its debts exceeding its assets on March 25, 1985 by $138,501,581.
On September 20, 1985, plaintiff...
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