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IN RE PAYROLL EXPRESS CORP.

No. 95 Civ. 4385(SAS).

216 B.R. 498 (1997)

In re PAYROLL EXPRESS CORPORATION, et al., Debtors. John S. PEREIRA, Esq., as Chapter 11 Trustee of the Estate of Payroll Express Corporation, et al., Plaintiff, v. AETNA CASUALTY & SURETY COMPANY, Federal Insurance Company, Chubb Group Of Insurance Companies, and Angus John Roberts, an Underwriter at Lloyd's London, on behalf of himself and all other Lloyd's Underwriters subscribing to Insurance Policy Nos. C92163400F and C92163500F, et al., Defendants.

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

August 6, 1997.

Attorney(s) appearing for the Case

Robert M. Horkovich, Adam Reeves, Catherine Flanders, Anderson, Kill & Olick, P.C., New York City, for Plaintiff John S. Pereira.

William R. Mait, Michael C. Simmons, Mait, Wang & Simmons, New York City, for Defendants Federal Insurance Company and Chubb Group of Insurance Companies.

Arthur N. Lambert, Alan N. Goldberg, Lambert, Weiss & Pisano, New York City, for Defendant Aetna Casualty & Surety Company.

James M. McCullough, III, Sedgwick, Detert, Moran & Arnold, New York City, for Defendant London Excess Underwriters.

OPINION AND ORDER

SCHEINDLIN, District Judge.

Defendants Federal Insurance Company and Chubb Group of Companies move for summary judgment dismissing the claims against Federal contained in Plaintiff John S. Pereira's conformed amended complaint. For the reasons stated below, that motion is granted.

I. BACKGROUND

Plaintiff John S. Pereira ("the Trustee") is the bankruptcy trustee of Payroll Express Corp. and Payroll Express Corp. of...

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