Legal Opinion

National Union Fire Insurance Co. v. American Re-Insurance Co.

District Court, S.D. New York

Decided July 28, 2006No. 03 Civ. 6999(DC)PublishedCited by 4 opinions

1Opinion of the Court

OPINION

CHIN, District Judge.

In this diversity action for breach of contract, an insurance company and a reinsurance company dispute the applicability of the “follow the fortunes” doctrine as it relates to the insurer’s payment of certain claims made against it. Plaintiff National Union Fire Insurance Company of Pittsburgh, Pennsylvania (“National Union”) moves for summary judgment against defendant American Re-Insurance Company (“American Re”). For the reasons that follow, the motion is granted.

STATEMENT OF THE CASE

I. The Facts

The underlying facts are fully described in a previous opinion by…

2Cases cited10 opinions

  1. Hartford Fire Ins. Co. v. CaliforniaSupreme Court of the United States · 1993
  2. Fed. Sec. L. Rep. P 99,479 Samuel Mallis and Franklyn B. Kupferman, Cross-Appellants v. Bankers Trust Company, Cross-AppelleeCourt of Appeals for the Second Circuit · 1983
  3. Christiania General Insurance Corporation of New York v. Great American Insurance CompanyCourt of Appeals for the Second Circuit · 1992
  4. Royal Electric Construction Corp. v. Ohio State UniversityOhio Supreme Court · 1995
  5. Mentor Insurance Company v. BrannkasseCourt of Appeals for the Second Circuit · 1993

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3Cited by4 opinions

  1. New Hampshire Insurance v. Clearwater InsuranceAppellate Division of the Supreme Court of the State of New York · 2015
  2. United States Fidelity & Guaranty Co. v. American Re-InsuranceAppellate Division of the Supreme Court of the State of New York · 2012
  3. HDI Global SE v. Lexington Insurance Co.District Court, S.D. New York · 2017
  4. Fireman's Fund Insurance Company v. OneBeacon Insurance CompanyDistrict Court, S.D. New York · 2020

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