IN THE MATTER OF MIDLAND INSURANCE COMPANY

Nos. 4195, 41294/86, 4195A.

87 A.D.3d 487 (2011)

929 N.Y.S.2d 116

2011 NY Slip Op 6324

In the Matter of the Liquidation of MIDLAND INSURANCE COMPANY. EVEREST REINSURANCE COMPANY, Appellant-Respondent, v. JAMES J. WRYNN, Superintendent of Insurance of the State of New York, et al., Respondents-Appellants, and BAXTER INTERNATIONAL INC., Intervenor-Respondent.

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

Decided August 25, 2011.


By order entered on or about April 3, 1986, Supreme Court (Thomas J. Hughes, J.) placed Midland Insurance Company in liquidation and permanently enjoined the commencement and prosecution of all actions against it (see Insurance Law § 7419 [b]). Everest Reinsurance Company entered into excess of loss reinsurance treaties and facultative reinsurance certificates with Midland for policy periods in the 1970s and 1980s (collectively, the reinsurance contracts).

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