Kemper Reinsurance Co. v. Corcoran
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Simons, J.
This action was instituted by Kemper Reinsurance Company (Kemper Re) against the State Superintendent of Insur*257anee, as liquidator of the insolvent, Midland Insurance Company. Kemper Re seeks a declaration that Insurance Law § 7427 authorizes it to offset moneys it concededly owes Midland under a reinsurance contract against amounts Midland owes it for premiums under a separate and distinct contract. Defendant Superintendent’s principal contention is that the obligations under the reinsurance contract and Midland’s unrelated debts to Kemper Re are not "mutual,”…
2Cases cited17 opinions
- Scott v. ArmstrongSupreme Court of the United States · 1892
- Scammon v. KimballSupreme Court of the United States · 1876
- Bohlinger v. ZangerNew York Court of Appeals · 1954
- Beecher v. Peter A. Vogt Manufacturing Co.New York Court of Appeals · 1920
- Merry Realty Co. v. Shamokin & Hollis Real Estate Co.New York Court of Appeals · 1921
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3Cited by42 opinions
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- Finance One Public Company Limited v. Lehman Brothers Special Financing, Inc.Court of Appeals for the Second Circuit · 2005
- Michigan National Bank-Oakland v. American Centennial InsuranceNew York Court of Appeals · 1996
- Unigard Security Insurance v. North River InsuranceNew York Court of Appeals · 1992
- Curiale v. Ardra InsuranceNew York Court of Appeals · 1996
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