Legal Opinion

G. C. Murphy Co. v. Reserve Insurance

New York Court of Appeals

Decided October 29, 1981PublishedCited by 36 opinions

1Opinion of the Court

OPINION OF THE COURT

Jasen, J.

On this appeal, we are called upon to reconcile various provisions of the Uniform Insurers Liquidation Act. (Insurance Law, § 517 et seq.) The specific question presented is whether, absent the appointment of an ancillary receiver in this State, a claim asserted in a New York action against an out-of-State insurance company that is undergoing liquidation must be pursued in the domiciliary State of the insurer even though that claim is secured by an undertaking filed pursuant to section 59-a of the Insurance Law.

In 1973, plaintiff G. C. Murphy Company (Murphy)…

2Cases cited5 opinions

  1. Clark v. WilliardSupreme Court of the United States · 1935
  2. In Re the Arbitration Between Knickerbocker Agency, Inc. & HolzNew York Court of Appeals · 1958
  3. Kelly v. Overseas Investors, Inc.New York Court of Appeals · 1966
  4. Vlasaty v. Avco Rent-A-Car System, Inc.New York Supreme Court · 1969
  5. Kelly v. Overseas Investors, Inc.Appellate Division of the Supreme Court of the State of New York · 1965

3Cited by36 opinions

  1. Law Enforcement Insurance Company, Ltd. v. James P. CorcoranCourt of Appeals for the Second Circuit · 1986
  2. Lac D'amiante Du Quebec, Ltee v. American Home Assurance CompanyCourt of Appeals for the Third Circuit · 1988
  3. American Star Insurance v. GriceWashington Supreme Court · 1994
  4. Emons Industries, Inc. v. Liberty Mutual Fire InsuranceDistrict Court, S.D. New York · 1982
  5. In Re RubinUnited States Bankruptcy Court, S.D. New York · 1993

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