Legal Opinion

American Special Risk Insurance v. Delta America Re Insurance

District Court, S.D. New York

Decided November 11, 1993No. 84 Civ. 1329(PNL), 85 Civ. 9860(PNL)PublishedCited by 1 opinion

1Opinion of the Court

OPINION AND ORDER

LEVAL, District Judge.

Defendants DR Insurance Company (“DR”) and National Distillers and Chemical Corporation (“National Distillers”) move for summary judgment, contending that English law should govern this action and that, under English law, the contracts on which plaintiff American Special Risk Insurance Company (“ASRIC”) sues are illegal and therefore unenforceable.

Background

Unless otherwise noted, the following facts are not in dispute.

A. The Underlying Insurance and Reinsurance Contracts

Plaintiff ASRIC is an insurance company organized under Delaware law and having its…

2Cases cited25 opinions

  1. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  2. Babcock v. JacksonNew York Court of Appeals · 1963
  3. Auten v. AutenNew York Court of Appeals · 1954
  4. Intercontinental Planning, Ltd. v. Daystrom Inc.New York Court of Appeals · 1969
  5. Freedman v. Chemical Construction Corp.New York Court of Appeals · 1977

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3Cited by1 opinion

  1. Architectronics, Inc. v. Control Systems, Inc.District Court, S.D. New York · 1996

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