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.
Edward J. Muhl, Superintendent of Insurance, as Liquidator of Union Indemnity Insurance Company of New York, Third-Party Plaintiff-Intervenor-Appellant,
v.
American Centennial Insurance Company et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued October 15, 1996
Decided November 14, 1996.
Attorney(s) appearing for the Case
Winthrop, Stimson, Putnam & Roberts, New York City (Leo T. Crowley and Takemi Ueno of counsel), for appellant.
Anderson Kill & Olick, P. C., New York City (R. Mark Keenan, Pablo Quinones and M. Christina Ricarte of counsel), Joseph Termini and Costigan Hargraves & McConnell (Daniel Hargraves of counsel), for third-party plaintiff-intervenor-appellant.
Rosenman & Colin, L. L. P., New York City (Lawrence I. Brandes, Nancy K. Eisner and William M. Popalisky of counsel), for Atlas Assurance Company of America and others, respondents and third-party defendants-respondents.
Ohrenstein & Brown, LLP, New York City (Peter J. Biging and Christopher B. Hitchcock of counsel), for Philan Insurance Ltd. and another, respondents and third-party defendants-respondents.
Whitman Breed Abbott & Morgan, New York City (Harry E. Peden, III, of counsel), and Hutchins Wheeler & Dittmar (Joseph C. Tanski, of the Massachusetts Bar, admitted pro hac vice, of counsel), for Connecticut Insurance Guaranty Association and others, amici curiae.
Debra J. Hall and Anthony J. Mormino, of the District of Columbia Bar, admitted pro hac vice, for Reinsurance Association of America and another, amici curiae.
Chief Judge KAYE and Judges SIMONS, TITONE, SMITH and CIPARICK concur; Judge LEVINE taking no part.
Court of Appeals of the State of New York.
BELLACOSA, J.
Intervenor Superintendent of Insurance, as Liquidator, and plaintiff Michigan National Bank-Oakland respectively appeal pursuant to leave granted by this Court. The order of the Appellate Division affirmed a judgment of Supreme Court, granting the motions of defendants reinsurers for summary judgment. Their affirmative defense of fraud was upheld and rescission of their reinsurance treaties with...
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