Legal Opinion
Levin v. Intercontinental Casualty Insurance
New York Court of Appeals
Decided November 30, 2000PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
Rosenblatt, J.
Insurance Law § 1213 (c) requires an “unauthorized foreign or alien” insurance carrier to post a bond before filing “any pleading” in a proceeding against it. In the case at hand, the carrier, after being sued in Supreme Court, did not interpose an answer but instead moved to dismiss the complaint as time barred and subject to a defense founded upon documentary evidence. Does the carrier’s motion constitute a “pleading” within the meaning of section 1213 (c) so as to require it to post a bond? We hold yes.
In 1980, defendant Intercontinental Casualty Insurance…
2Cases cited3 opinions
- Curiale v. Ardra InsuranceNew York Court of Appeals · 1996
- Allstate Insurance v. Administratia Asigurarilor De StatDistrict Court, S.D. New York · 1996
- Curiale v. Ardra InsuranceAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by8 opinions
- Drennen v. Certain Underwriters at Lloyd's of London (In re Residential Capital, LLC)United States Bankruptcy Court, S.D. New York · 2016
- Ghose v. CNA Reinsurance Co. LimitedAppellate Division of the Supreme Court of the State of New York · 2007
- MF Global Holdings Ltd. v. Allied World Assurance Co. (In re MF Global Holdings Ltd.)United States Bankruptcy Court, S.D. New York · 2017
- Breakaway Courier Corp. v. Berkshire Hathaway, Inc.Appellate Division of the Supreme Court of the State of New York · 2021
- Chao Jiang v. Ping An Ins.Appellate Division of the Supreme Court of the State of New York · 2020
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