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Curiale v. DR Insurance

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1993
198 A.D.2d 52 (N.Y. App. Div. 1993)

Opinion

November 9, 1993

Appeal from the Supreme Court, New York County (Diane Lebedeff, J.).


Inasmuch as loss allocation is the primary matter of concern in this dispute involving a reinsurance policy, the IAS Court properly applied the grouping of contacts choice of law theory in deciding that New York law controls (see, Matter of Allstate Ins. Co. [Stolarz — New Jersey Mfrs. Ins. Co.], 81 N.Y.2d 219, 226), giving appropriate weight to the place of execution. The British contacts, including negotiation of the policy in London, were all by third parties, mostly the brokers. While we agree with defendant that the policy itself is ambiguous, plaintiff's extrinsic evidence of an agreement by defendant's predecessor to be individually liable for claims made by plaintiff's liquidatees suffices, prima facie, to establish defendant as a "fronter", and was not met by countervailing evidence in support of defendant's position to the contrary.

Concur — Rosenberger, J.P., Wallach, Kupferman, Asch and Kassal, JJ.


Summaries of

Curiale v. DR Insurance

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1993
198 A.D.2d 52 (N.Y. App. Div. 1993)
Case details for

Curiale v. DR Insurance

Case Details

Full title:SALVATORE R. CURIALE, Superintendent of Insurance of the State of New…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 9, 1993

Citations

198 A.D.2d 52 (N.Y. App. Div. 1993)
603 N.Y.S.2d 460

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