Legal Opinion

Maclaren Europe Ltd. v. Ace American Insurance

District Court, S.D. New York

Decided November 5, 2012No. 11 Civ. 4688(HB)PublishedCited by 2 opinions

1Opinion of the Court

OPINION & ORDER

HAROLD BAER, JR., District Judge.

Maclaren Europe Limited (“MEL”) and ACE American Insurance Company (“ACE”) each move for summary judgment. The principal issues before the Court are whether MEL’s prepayment of the 2006 renewal premium to its retail broker, Indebir Sahni, is in fact payment to ACE, and, if not, whether ACE properly canceled the 2006 policy for nonpayment. Under English law, there is no dispute that ACE would prevail. Under New York law, the parties dispute nearly every section of New York insurance law applicable to the facts here. For the following reasons, New…

2Cases cited23 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. Matter of Allstate Ins. Co.(stolarz-Njm)New York Court of Appeals · 1993
  4. Curley v. AMR Corp.Court of Appeals for the Second Circuit · 1998
  5. In re the Arbitration between Allstate Insurance & StolarzNew York Court of Appeals · 1993

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3Cited by2 opinions

  1. Liberty Mutual Insurance v. Fairbanks Co.District Court, S.D. New York · 2016
  2. B & A Demolition & Removal, Inc. v. Markel InsuranceDistrict Court, E.D. New York · 2013

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