Legal Opinion
Mills v. Everest Reinsurance Co.
District Court, S.D. New York
Decided January 23, 2006No. 05 Civ.8928 CMPublishedCited by 16 opinions
1Opinion of the Court
ORDER AND DECISION GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS
MCMAHON, District Judge.
Plaintiff Howard Mills, Superintendent of Insurance of the State of New York, in his capacity as Rehabilitator of Frontier Insurance Company (“Frontier”), brings this action against Defendants Everest Reinsurance Company (“Everest” or “Rein-surer”) and Benfield Inc., formerly known as E.W. Blanch Co. (“Benfield” or “Blanch”). Mills seeks rescission of the Reinsurance Contract executed between Frontier and Everest on the grounds of mutual mistake, the equitable remedy of avoidance,…
2Cases cited31 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
- Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
- International Audiotext Network, Inc. v. American Telephone and Telegraph CompanyCourt of Appeals for the Second Circuit · 1995
- Acito v. IMCERA Group, Inc.Court of Appeals for the Second Circuit · 1995
26 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Tronox Inc. v. Anadarko Petroleum Corp. (In Re Tronox Inc.)United States Bankruptcy Court, S.D. New York · 2010
- Responsible Person of Musicland Holding Corp. v. Best Buy Co. (In Re Musicland Holding Corp.)United States Bankruptcy Court, S.D. New York · 2008
- Pryor v. Tiffen (In re TC Liquidations LLC)United States Bankruptcy Court, E.D. New York · 2011
- Amusement Industry, Inc. v. Midland Avenue Associates, LLCDistrict Court, S.D. New York · 2011
- Friedman v. WahrsagerDistrict Court, E.D. New York · 2012
11 more not listed; retrieve them via the Exa API.