In re Transit Casualty Co.
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Wachtler.
Claimant owned a small hotel which was destroyed by fire and which was insured by a company now insolvent and in liquidation by order of a Missouri court. He seeks to share as a creditor in the available assets, but the Superintendent of Insurance has rejected his claim on the ground that the liquidation order canceled all of the company’s policies on a specified date, before the fire occurred. Claimant was not a party to the liquidation proceedings and, as both lower courts held, received no actual or constructive notice of the cancellation order…
2Cases cited10 opinions
- City of New York v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1953
- Brock v. Roadway Express, Inc.Supreme Court of the United States · 1987
- McCann v. ScadutoNew York Court of Appeals · 1987
- Matter of Empire State Surety Co.New York Court of Appeals · 1915
- In Re the Arbitration Between Knickerbocker Agency, Inc. & HolzNew York Court of Appeals · 1958
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3Cited by15 opinions
- Stephens v. American Home Assurance Co.District Court, S.D. New York · 1993
- In Re the Liquidation of Union Indemnity InsuranceNew York Court of Appeals · 1998
- Cohen v. State ex rel. StewartSupreme Court of Delaware · 2014
- Dinallo v. DiNapoliNew York Court of Appeals · 2007
- Levin v. National Colonial InsuranceNew York Court of Appeals · 2004
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