Legal Opinion
In Re the Liquidation of Midland Insurance
New York Court of Appeals
Decided April 5, 2011No. 38PublishedCited by 43 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
In this choice-of-law dispute between policyholders and the New York State Liquidation Bureau, the question presented is whether the insurance policies issued by Midland Insurance Company (Midland) must be interpreted under New York substantive law because Midland has been adjudged insolvent and placed into liquidation in New York. We conclude that New York law need not apply and hold that for each Midland policy in dispute an individual choice-of-law analysis must be conducted to determine which jurisdiction’s law should govern.
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2Cases cited10 opinions
- Auten v. AutenNew York Court of Appeals · 1954
- Zurich Insurance v. Shearson Lehman Hutton, Inc.New York Court of Appeals · 1994
- Transit Commission v. Long Island RailroadNew York Court of Appeals · 1930
- Rager v. McCloskeyNew York Court of Appeals · 1953
- Certain Underwriters at Lloyd's v. Foster Wheeler Corp.Appellate Division of the Supreme Court of the State of New York · 2006
5 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Fireman's Fund Insurance v. Great American InsuranceCourt of Appeals for the Second Circuit · 2016
- Fireman's Fund Insurance v. Great American InsuranceDistrict Court, S.D. New York · 2014
- Kai Peng v. Uber Technologies, Inc.District Court, E.D. New York · 2017
- Saizhang Guan v. Uber Technologies, Inc.District Court, E.D. New York · 2017
- U.S. Underwriters Ins. Co. v. Image By J&K, LLCDistrict Court, E.D. New York · 2018
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