Legal Opinion

MBIA Insurance v. Countrywide Home Loans, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided April 2, 2013Published

1Opinion of the Court

Order, Supreme Court, New York County (Eileen Bransten, J.), entered January 3, 2012, which granted plaintiff MBIA Insurance Corporation’s motion for partial summary judgment to the extent of concluding that: (1) pursuant to Insurance Law §§ 3105 and 3106, plaintiff was not required to establish causation in order to prevail on its fraud and breach of contract claims; and (2) plaintiff was entitled to rescissory damages; and denied the motion to the extent it sought a finding that the parties’ repurchase agreement required defendants Countrywide Home Loans, Inc., Countrywide Securities Corp.,…

2Cases cited7 opinions

  1. Reiss v. Financial Performance Corp.New York Court of Appeals · 2001
  2. Gotham Partners, L.P. v. Hallwood Realty Partners, L.P.Court of Chancery of Delaware · 2003
  3. Syncora Guarantee Inc. v. EMC Mortgage Corp.District Court, S.D. New York · 2012
  4. Assured Guaranty Municipal Corp. v. Flagstar Bank, FSBDistrict Court, S.D. New York · 2012
  5. Guideone Specialty Mutual Insurance v. Congregation Adas YereimDistrict Court, E.D. New York · 2009

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