Legal Opinion

Kemper Reinsurance Co. v. Corcoran

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

Decided May 14, 1991PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Asch, J.

In 1979, Midland and two of its affiliates, entered into a first casualty excess of loss cover reinsurance treaty with Kemper. The "treaty” refers to the reinsurance of the risk by Kemper on a particular line of reinsurance relating to casualty risks. In return for Kemper’s assumption of excess risk, Midland and its affiliates agreed to pay it premiums. Thereafter, in 1984, Midland issued an excess products integrity impairment and products recall insurance policy to Esmark, Inc./International Playtex, Inc. and in a facultative reinsurance certificate, Kemper…

2Cases cited14 opinions

  1. Scammon v. KimballSupreme Court of the United States · 1876
  2. Carr v. HamiltonSupreme Court of the United States · 1889
  3. Bohlinger v. ZangerNew York Court of Appeals · 1954
  4. Beecher v. Peter A. Vogt Manufacturing Co.New York Court of Appeals · 1920
  5. Pink v. Title Guarantee & Trust Co.New York Court of Appeals · 1937

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3Cited by8 opinions

  1. In Re RubinUnited States Bankruptcy Court, S.D. New York · 1993
  2. Bluewater Insurance Ltd. v. BalzanoSupreme Court of Colorado · 1992
  3. Michigan National Bank-Oakland v. American Centennial InsuranceAppellate Division of the Supreme Court of the State of New York · 1994
  4. Bennett v. Liberty National Fire Insurance CompanyCourt of Appeals for the Ninth Circuit · 1992
  5. Dicola v. American Steamship Owners Mutual Protection & Indemnity Ass'n (In Re Prudential Lines, Inc.)United States Bankruptcy Court, S.D. New York · 1992

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