MILLS v. EVEREST REINSURANCE CO.

No. 05 Civ.8928 CM.

410 F.Supp.2d 243 (2006)

Howard MILLS, Superintendent of Insurance of the State of New York, in His Capacity as Rehabilitator of Frontier Insurance Company, Plaintiff, v. EVEREST REINSURANCE COMPANY and Benfield Inc., f/k/a E.W. Blanch Co., Defendants.

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

January 23, 2006.


Attorney(s) appearing for the Case

Henry Neal Conolly, Rock Hill, NY, for Plaintiff.

Bryan Keane, Dorsey & Whitney LLP, Minneapolis, MN, Larry P. Schiffer, LeBoeuf, Lamb, Greene & Macrae, L.L.P., Lauren Gabrielle Rasmus, Dorsey & Whitney LLP, New York City, Bryan Keane, Dorsey & Whitney LLP, Minneapolis, MN, Timothy E. Branson, Dorsey & Whitney, LLP, Minneapolis, MN, for Defendants.


ORDER AND DECISION GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS

MCMAHON, District Judge.

Plaintiff Howard Mills, Superintendent of Insurance of the State of New York, in his capacity as Rehabilitator of Frontier Insurance Company ("Frontier"), brings this action against Defendants Everest Reinsurance Company ("Everest" or "Reinsurer") and Benfield Inc., formerly known as E.W. Blanch Co. ("Benfield" or "Blanch"). Mills seeks...

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