CURIALE v. DR INS. CO.


212 A.D.2d 417 (1995)

622 N.Y.S.2d 692

Salvatore R. Curiale, Superintendent of Insurance of The State of New York, as Liquidator of Ideal Mutual Insurance Company, Appellant, v. DR Insurance Company, Respondent

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

February 14, 1995


The IAS Court properly concluded that, as a matter of law, there was no showing that Elkhorn, defendant's predecessor in interest, was meant to be the fronter for the reinsurance syndicate. The parties' intention to name the whole syndicate as the reinsurer, not Elkhorn as a fronter for the other syndicate members, is revealed upon examination of the final reinsurance agreements (see, Sumitomo Mar. & Fire Ins. Co. v Cologne Reins. Co.,

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