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MOORE v. AEGON REINS. CO.

196 A.D.2d 250 (1994)

Ronnie C. Moore, as Commissioner of Insurance of The Commonwealth of Kentucky, Respondent, v. Aegon Reinsurance Company of America et al., Defendants, and Instituto De Resseguros Do Brasil (IRB), Appellant Ronnie C. Moore, as Commissioner of Insurance of The Commonwealth of Kentucky, Respondent, v. AA Mutual Insurance Assoc. Ltd. et al., Defendants, and Instituto De Resseguros Do Brasil (IRB), Appellant

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

February 24, 1994

Attorney(s) appearing for the Case

Howard R. Reiss of counsel (Shatzkin & Reiss, attorneys), for appellant.

William F. Costigan of counsel (W. Henry Jernigan, Jr., and John P. McConnell with him on the brief; Jackson & Kelly and Costigan & Berns, attorneys), for respondent.

SULLIVAN, J. P., CARRO, ROSENBERGER and ASCH, JJ., concur.

ROSS, J.

The issue presented by these appeals is whether the defendant-appellant, Instituto De Resseguros Do Brasil (IRB), is required by New York State Insurance Law § 1213 (c) (1) to post a preanswer security. In a decision dated October 6, 1992, the IAS Court consolidated two separate motions for determination and found, inter alia, that while the Foreign Sovereign Immunities Act of 1976 (FSIA...

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