IN THE MATTER OF MIDLAND INS. CO.

No. 38.

16 N.Y.3d 536 (2011)

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.

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.

New York Liquidation Bureau, New York City ( David Axinn , John Pearson Kelly and Judy H. Kim of counsel), for respondents.

Simpson Thacher & Bartlett LLP, New York City ( Barry R. Ostrager , Mary Kay Vyskocil and Jeffrey Coviello of counsel), for Swiss Reinsurance America Corporation and others, and Crowell & Moring LLP, New York City ( Harry P. Cohen , Paul W. Kalish and Leslie A. Davis of counsel), for Everest Reinsurance Company, intervenor-respondents.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur.


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...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases