NEW HAMPSHIRE v. MF GLOBAL

Index No. 601621/09, Appeal No. 14812, Case No. 2021-01994.

204 A.D.3d 141 (2022)

165 N.Y.S.3d 510

2022 NY Slip Op 01880

NEW HAMPSHIRE INSURANCE COMPANY et al., Appellants-Respondents, et al., Plaintiffs, v. MF GLOBAL FINANCE USA INC., Respondent-Appellant.

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

Decided March 17, 2022.


Attorney(s) appearing for the Case

Selendy Gay Elsberg PLLC, New York City ( Caitlin J. Halligan and Ester Murdukhayeva of counsel), and Gordon Rees Scully Mansukhani, LLP, New York City ( Joseph Salvo of counsel), for New Hampshire Insurance Company, appellant-respondent.

Kaufman Dolowich & Voluck, LLP, New York City ( Kevin M. Mattessich and Paul C. Fonseca of counsel), for Liberty Mutual Insurance Company, appellant-respondent.

Clyde & Co US LLP, New York City ( Nicholas Magali of counsel), for Axis Reinsurance Company, appellant-respondent.

Mintz Levin Cohn Ferris Glovsky and Popeo P.C., New York City ( Therese M. Doherty and LisaMarie F. Collins of counsel), and Covington & Burling LLP, New York City ( P. Benjamin Duke and Russell M. Squire of counsel), for respondent-appellant.

MOULTON, GONZALEZ, RODRIGUEZ III and PITT, JJ., concur.


OPINION OF THE COURT

This 2009 declaratory judgment action involves a $141 million insurance coverage dispute between plaintiffs New Hampshire Insurance Company, Liberty Mutual Insurance Company, and Axis Reinsurance Company (Insurers) and defendant, commodity futures broker MF Global Finance USA Inc. (MF Global). New Hampshire...

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