IN RE PAYROLL EXPRESS CORP.

No. 98-7289.

186 F.3d 196 (1999)

In Re: PAYROLL EXPRESS CORPORATION, et al., Debtor. John S. Pereira, Esq., as Chapter 11 Trustee of the Estate of Payroll Express Corporation, et al., Plaintiff-Appellant, v. Aetna Casualty & Surety Company, Federal Insurance Company, Chubb Group of Insurance Companies, Angus John Roberts, an Underwriter at Lloyd's, London, on behalf of himself and all those other Lloyd's Underwriters subscribing to Insurance Policy Nos. C92163400F and C92163500F, Sphere Drake Insurance, PLC, Insurance Company of North America (UK) Limited "G" Account, Zurich Re (UK) Limited, Nippon Insurance Company of Europe Limited, Excess Insurance Company, Ltd., Ocean Marine Insurance Company, Ltd., Assicurazioni Generali S.P.A., The Threadneedle Insurance Co., Ltd., Phoenix Assurance PLC LSA Account, Colonia Insurance (UK) Limited "TR" Account, The Prudential Assurance Company Limited Trust Account No. 2, Cornhill Insurance PLC London U.K. "D" Account, Sirius (UK) Insurance PLC, Norwich No. 1 "M" Account, Commercial Union Assurance Co. PLC, Phoenix Assurance PLC, Wurttembergische Feuerversicherungs AG "AW" Account, Northern Assurance Company Limited No. 6 Account, Yorkshire Insurance Company Limited and London and Hull Maritime Insurance Company Limited AXA T Account, Defendants-Appellees. English & American Insurance Company, Ltd. and The Orion Insurance Company PLC T A/C, Defendants.

United States Court of Appeals, Second Circuit.

Decided July 29, 1999.


Attorney(s) appearing for the Case

Robert M. Horkovich, New York, NY (Adam A. Reeves, Peter J. Andrews, Anderson Kill & Olick, P.C., New York, NY, on the brief), for Plaintiff-Appellant.

Arthur N. Lambert, New York, NY (Alan M. Goldberg, Lambert, Weiss & Pisano, New York, NY, on the brief), for Defendant-Appellee Aetna Casualty & Surety Company.

James M. McCullough, III, New York, NY (Jeffrey M. Winn, Anjele D. Bonie, Sedgwick, Detert, Moran & Arnold, New York, NY, on the brief), for Defendants-Appellees London Excess Underwriters.

William R. Mait, New York, NY (Michael C. Simmons, Mait, Wang & Simmons, New York, NY, on the brief), for Defendant-Appellee Federal Insurance Company.

Before: NEWMAN, CARDAMONE and PARKER, Circuit Judges.


PARKER, Circuit Judge:

John S. Pereira, Esq., acting as the Chapter 11 Trustee of the Estate of Payroll Express Corporation appeals from a final judgment of the United States District Court for the Southern District of New York (Shira A. Scheindlin, Judge) entered February 25, 1998 implementing an opinion and order dated August 6, 1997 granting summary judgment for Federal Insurance Company ("Federal"), and another opinion and order dated October 1, 1997 granting...

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