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MATTER OF RELIANCE INSURANCE COMPANY

3491, 3491A, 405987/01.

81 A.D.3d 533 (2011)

918 N.Y.S.2d 25

In the Matter of the Ancillary Receivership of RELIANCE INSURANCE COMPANY. O'BRIEN & GERE TECHNICAL SERVICES, INC., Appellant; NEW YORK LIQUIDATION BUREAU (RELIANCE INSURANCE COMPANY IN LIQUIDATION), Respondent.

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

Decided February 22, 2011.

Petitioner O'Brien & Gere Technical Services, Inc. (Tech Services) is a construction management company which was retained for a building project in Missouri in 1998. Respondent Reliance Insurance Company was subsequently placed into liquidation with outstanding claims transferred to the New York Liquidation Bureau (Insurer).

The undisputed facts of this case are as follows: After the general contractor Fru-Con/Fluor Daniel Joint Venture (JV) paid Tech Services...

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