Legal Opinion

Pereira v. Gulf Insurance

Court of Appeals for the Second Circuit

Decided May 6, 2009No. 08-1430-cvPublished

1Opinion of the Court

*6SUMMARY ORDER

John S. Pereira, as bankruptcy trustee for Trace International Holdings, Inc. (“Trustee”), seeks review of an opinion and order of the district court, dated September 5, 2007, as supplemented September 19, 2007, dismissing the Trustee’s claims against Executive Risk Insurance, Inc. (“ERII”) and Gulf Insurance Company (“Gulf’). Pereira v. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa., 525 F.Supp.2d 370 (S.D.N.Y.2007). In a careful and thorough opinion, Judge Swain held that the majority of the claims asserted by the Trustee were barred by the “prior litigation exclusion” of each…

2Cases cited5 opinions

  1. New York University v. Continental InsuranceNew York Court of Appeals · 1995
  2. Globecon Group, LLC v. Hartford Fire Insurance Company, Docket No. 04-4399-CvCourt of Appeals for the Second Circuit · 2006
  3. Bridgewater Operating Corp. v. FeldsteinCourt of Appeals for the Second Circuit · 2003
  4. Pereira v. National Union Fire InsuranceDistrict Court, S.D. New York · 2007
  5. Pasha v. Rosemount Memorial Park, Inc.New Jersey Superior Court Appellate Division · 2001

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