In the Matter of the Liquidation of MIDLAND INSURANCE COMPANY.
AMERICAN STANDARD INC. et al., Appellants,
et al., Claimants;
SWISS REINSURANCE AMERICA CORPORATION et al., Intervenors-Respondents, and
SUPERINTENDENT OF INSURANCE OF THE STATE OF NEW YORK, as Liquidator of Midland Insurance Company, et al., Respondents.
Court of Appeals of New York.https://leagle.com/images/logo.png
Argued February 9, 2011.
Decided April 5, 2011.
Attorney(s) appearing for the Case
Eckert Seamans Cherin & Mellott, LLC ( David J. Strasser , of the Pennsylvania bar, admitted pro hac vice, and Erin W. McDowell , of the Pennsylvania bar, admitted pro hac vice, of counsel), and Eckert Seamans Cherin & Mellott, LLC, White Plains ( Steven R. Kramer of counsel), for CBS Corporation, K&L Gates LLP ( David F. McGonigle , of the Pennsylvania bar, admitted pro hac vice, and Scott A. Bowan , of the Pennsylvania bar, admitted pro hac vice, of counsel), for American Standard Inc., Gilbert LLP ( David B. Killalea , of the District of Columbia bar, admitted pro hac vice, and Jonathan M. Cohen , of the District of Columbia bar, admitted pro hac vice, of counsel), for Babcock & Wilcox Company Asbestos PI Trust and others, Pillsbury Winthrop Shaw Pittman LLP, New York City ( Kerry A. Brennan of counsel), and Dughi & Hewit, P.C. ( Russell L. Hewit , of the New Jersey bar, admitted pro hac vice, and Scott A. Hall , of the New Jersey bar, admitted pro hac vice, of counsel), for Congoleum Corporation, appellants.
Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur.
Court of Appeals of New York.
OPINION OF THE COURT
CIPARICK, J.
In this choice-of-law dispute between policyholders and the New York State Liquidation Bureau, the question presented is whether the insurance policies issued by Midland Insurance Company (Midland) must be interpreted under New York substantive law because Midland has been adjudged insolvent and placed into liquidation in New York. We conclude that New York law need not apply...
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