IN RE UFG INTERN., INC.

Bankruptcy Nos. 95B43641(JHG), 95B45774(JHG), Adv. No. 96-8712A(JHG).

207 B.R. 793 (1997)

In re UFG INTERNATIONAL, INC., Debtor. AGRICULTURAL EXCESS AND SURPLUS INSURANCE COMPANY, Plaintiff, v. UFG INTERNATIONAL INC., Alan Nisselson, as Trustee of the Bankruptcy Estate of U.F.G. International, Inc., Underwriters Financial Group, Inc., Eva H. Posman, as Trustee of the Bankruptcy Estate of Underwriters Financial Group, Inc., Donald P. Ferrarini, Bruno Rumignani, Howard Miller, Barry Keshner, Paul Savas, James Sweitzer, Burton Matfus, deceased, Estate of Burton Matfus, Does 1-50, Atlantic Mutual Insurance Company and Centennial Insurance Company d/b/a Atlantic Mutual Companies, Driller, Inc., CPF Premium Funding, Inc., John R. Lakian, George R. Begley, Gerling America Insurance, Abbey Blatt, individually, and as a representative of a purported Class of Plaintiffs, Defendants.

United States Bankruptcy Court, S.D. New York.

As Corrected May 20, 1997.


Attorney(s) appearing for the Case

Peterson & Ross, by James A. Skarszynksi, T. David Ackerman and Evan Shapiro, New York City, for Plaintiff.

O'Donnell, Ferebee, McGonigal & Stone by William C. Ferebee, Houston, TX, for Defendant Driller's Inc.

Wolf Popper Ross Wolf & Jones, L.L.P. by Chet B. Waldman, New York City, for Defendant Abbey Blatt.

Rosenman & Colin, L.L.P. by Bertram Kaminiski, New York City, for Defendant Gerling America Insurance.

Gold & Wachtel, L.L.P. by Steven J. Cohen, New York City, for the Chapter 11 Trustee, Alan Nisselson, Esq.

Ross & Hardies, by Marshall Beil, New York City, for Defendants John R. Lakian and George P. Begley.

Eva H. Posman, New York City, for Eva H. Posman, Trustee of the Bankruptcy Estate of Underwriters Financial Group, Inc.

Friesner & Salzman, L.L.P. by Bruce A. Barnett, Great Neck, NY, for Defendant Atlantic Mutual Companies.

Slatt & Lane, by Shepard Lane, New York City, for Defendant Donald P. Ferrarini.

Bruno Rumignani, Wantagh, NY, Defendant Pro se.

Howard Miller, New York City, Defendant Pro se.

Leitner & Getz, L.L.P., New York City and LeBoeuf, Lamb, Greene & Macrae, L.L.P., by Amy Levine, New York City, for the Estate of Burton Matfus.


DECISION ON MOTION FOR SUMMARY JUDGMENT

JEFFRY H. GALLET, Bankruptcy Judge.

I. INTRODUCTION

Plaintiff Agricultural Excess and Surplus Insurance Company ("AESIC") sues to rescind a certain insurance policy and for a declaration that it has no liability as to certain claims. Defendants Drillers, Inc., Abbey Blatt, Gerling America Insurance Company, Alan Nisselson, Esq., as Chapter 11 Trustee for Underwriters Financial Group...

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