MORGAN STANLEY GROUP, INC. v. NEW ENGLAND INS. CO.

No. 95 CIV. 1728(SHS).

222 F.Supp.2d 381 (2002)

MORGAN STANLEY GROUP, INC. and Morgan Stanley & Co. Incorporated, Plaintiffs, v. NEW ENGLAND INSURANCE CO. and ITT New England Management Co., Inc., Defendants.

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

September 23, 2002.


Attorney(s) appearing for the Case

James WB Benkard, Davis Polk & Wardwell, New York City, for Morgan Stanley Group, Inc., Morgan Stanley & Co. International Limited, Plaintiffs.

Louis G. Adolfsen, Melito & Adolfsen, PC, New York City, for New England Insurance Co., ITT New England Management Co., Inc., Defendants.


FINDINGS OF FACT AND CONCLUSIONS OF LAW

STEIN, District Judge.

The U.S. Court of Appeals for the Second Circuit remanded the above-captioned action to this Court for fact-finding regarding the scope of coverage of an insurance policy held by plaintiffs. The Court concludes that the evidence submitted by the parties fails to resolve the ambiguous language of the policy. Accordingly, the Court applies the contractual rule of contra proferentem

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