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LEVIN v. NATL COLONIAL INS CO

1 N.Y.3d 350 (2004)

806 N.E.2d 473

774 N.Y.S.2d 465

In the Matter of NEIL D. LEVIN, as Superintendent of Insurance of the State of New York, Respondent, v. NATIONAL COLONIAL INSURANCE COMPANY, Respondent, and CHASE MANHATTAN BANK, N.A., Appellant.

Court of Appeals of the State of New York.

Decided February 12, 2004.

Attorney(s) appearing for the Case

Eileen J. Berkman, New York City, Alyssa Kelman and E. Regan Adams for appellant.

Cozen O'Connor, New York City (Francine L. Semaya and William K. Broudy of counsel), for National Colonial Insurance Company, respondent.

Jack A. Franceschetti, New York City, and Steven R. Harris for Superintendent of Insurance of the State of New York, respondent.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT and GRAFFEO concur; Judges G.B. SMITH and R.S. SMITH taking no part.

OPINION OF THE COURT

READ, J.

In this appeal we are asked whether Supreme Court properly exercised jurisdiction over a trust fund, established pursuant to New York Insurance Department Regulation 41, to resolve competing claims to the trust remainder brought by JPMorgan Chase Bank (sued herein as Chase Manhattan Bank, N.A.), the trustee, and National Colonial Insurance Company (NCIC), an insolvent insurer undergoing liquidation in Kansas. For the reasons...

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