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MATTER OF UNION INDEM. INS. CO. OF NEW YORK

224 A.D.2d 319 (1996)

638 N.Y.S.2d 52

In the Matter of the Liquidation of Union Indemnity Insurance Company of New York Michigan National Bank-Oakland, Plaintiff, v. American Centennial Insurance Company et al., Defendants Edward J. Muhl, Superintendent of Insurance of The State of New York, as Liquidator, Third-Party Plaintiff-Intervenor-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.

February 22, 1996

The severance was a proper exercise of discretion in order to create finality and promote judicial economy. The Liquidator's two claims are distinct, the first for recovery of reinsurance proceeds being based on breach of contract and the second for return of reinsurance premiums on the unenforceability of that contract (compare, Matter of Klonowski v Department of Fire, 58 N.Y.2d 398, 402, n 3, with Burke v Crosson...

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