Legal Opinion

State Insurance Fund v. Liberty Mutual Insurance

District Court, S.D. New York

Decided November 18, 2002No. 00 Civ. 1595(RMB)Published

1Opinion of the Court

DECISION AND ORDER

BERMAN, District Judge.

I. Background

This is an action by the New York State Insurance Fund (“Plaintiff’ or “SIF”) brought on its own behalf and on behalf of its subrogee, Kaback Enterprises, Inc. (“Kaback”). Plaintiff is seeking a declaratory judgement that defendant Liberty Mutual Insurance Company (“Defendant” or “Liberty Mutual”) must indemnify Ka-back and contribute half of a two million dollar settlement (i.e. one million dollars) the SIF entered into on behalf of Kaback on July 28, 2000. The parties have each filed motions for summary judgment.

The settlement at issue…

2Cases cited10 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Carol A. Gallo v. Prudential Residential Services, Limited Partnership, Doing Business as Prudential Relocation ManagementCourt of Appeals for the Second Circuit · 1994
  5. Richard Morales v. Quintel Entertainment, Inc. And Peter StolzCourt of Appeals for the Second Circuit · 2001

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