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CHASE MANHATTAN BANK v. NEW HAMPSHIRE INSURANCE COMPANY

304 A.D.2d 423 (2003)

759 N.Y.S.2d 17

CHASE MANHATTAN BANK, Respondent, v. NEW HAMPSHIRE INSURANCE COMPANY et al., Appellants. AXA REASSURANCE S.A., Third-Party Plaintiff-Appellant, v. STIRLING COOKE BROWN HOLDINGS LTD., et al., Third-Party Defendants-Respondents. NEW HAMPSHIRE INSURANCE COMPANY, Second Third-Party Plaintiff-Appellant, v. STIRLING COOKE BROWN HOLDINGS LTD. et al., Second Third-Party Defendants-Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 17, 2003.

AXA's contention that the court did not conduct a fair trial is unpreserved and in any event without merit.

No issue of fact was raised as to whether AXA ever "accepted" a "proposed one-picture reinsurance deal" by its fronting insurer on the cash flow policy, since no such "counteroffer" was ever made by that insurer. Chase's July 9, 1999 letter to the fronting insurer merely reiterated the terms of the policy to the effect...

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