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AETNA CASUALTY & SURETY COMPANY v. RETAIL LOCAL 906 AFL-CIO WELFARE FUND

No. 656, Docket 96-7478.

106 F.3d 34 (1997)

AETNA CASUALTY & SURETY COMPANY, Plaintiff-Counter-Defendant-Appellee, v. RETAIL LOCAL 906 AFL-CIO WELFARE FUND; Nemiah Soanes; Vincent Fuentes; Althea Neblett; John Economos; George Rosenfeld; George Schwartz, Defendants-Counter-Claimants-Appellants, Max Goldweber; Marcia Berger Hershkowitz, d/b/u in the firm name of Goldweber & Hershkowitz, Plaintiffs-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 5, 1997.

Attorney(s) appearing for the Case

Max Goldweber, Mineola, N.Y. (Marcia Berger Hershkowitz, Robert Mirel, Modjgan Cohanim, Goldweber and Hershkowitz, Mineola, N.Y., on the brief), for defendants-counter-claimants-appellants.

Arthur N. Lambert, New York, N.Y. (Richard S. Mills, Susan E. Jaffee, Evan H. Stoller, Lambert Weiss & Pisano, on the brief), for plaintiff-counter-defendant-appellee.

Before: NEWMAN, Chief Judge, OAKES and WINTER, Circuit Judges.

PER CURIAM:

This appeal from two suits previously consolidated in the District Court concerns (a) an insurer's attempt to rescind a fiduciary responsibility insurance policy ("FRIP") on the ground that the insured made fraudulent misrepresentations and omissions on the FRIP application, and (b) several attorneys' attempt to recover legal fees from the insurer allegedly due and owing for defending parties insured under the...

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