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MILLS v. EVEREST REINSURANCE CO.

No. 7:05-cv-8928 (WWE).

623 F.Supp.2d 447 (2009)

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.

March 6, 2009.

Attorney(s) appearing for the Case

Henry Neal Conolly, Rock Hill, NY, Seema Anita Misra, Stroock & Stroock & Lavan LLP, New York, NY, for Plaintiff.

Bryan Christopher Keane, Timothy Earle Branson, Dorsey & Whitney, LLP, Minneapolis, MN, Deirdre Joan Sheridan, Patrick J. Feeley, Dorsey & Whitney LLP, New York, NY, for Defendants.

MEMORANDUM OF DECISION ON MOTIONS FOR SUMMARY JUDGMENT

WARREN W. EGINTON, Senior District Judge.

This action arises from' Frontier Insurance Company's attempts to secure reinsurance on its casualty and property insurance products. In 1999, plaintiff entered into an Underlying Professional Liability Excess of Loss Reinsurance Contract ("UPL Contract") with defendant Everest Reinsurance Company as the reinsurance provider and Benfield Inc. as the broker...

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