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BERNSTEIN v. CENTAUR INS. CO.

No. 83 Civ. 7989 (JMC).

644 F.Supp. 1361 (1986)

George BERNSTEIN, acting for and on Behalf of the COMMISSIONER OF BANKING AND INSURANCE OF THE STATE OF VERMONT as Receivor for the purpose of rehabilitation of Ambassador Insurance Company and James P. Corcoran, Superintendent of Insurance of the State of New York as Rehabilitor of Horizon Insurance Company, Plaintiffs, v. CENTAUR INSURANCE COMPANY, Defendant.

United States District Court, S.D. New York.

September 8, 1986.

Attorney(s) appearing for the Case

Leigh R. Isaacs, Kroll, Tract, Pomerantz & Cameron, New York City, for plaintiff George Bernstein.

Laurence Greenwald, Stroock & Stroock & Lavan, New York City, for plaintiff James P. Corcoran.

John M. Nonna, Werner, Kennedy & French, New York City, for defendant.

OPINION

CANNELLA, District Judge.

Following a nonjury trial on the merits, the Court finds for the defendant in part and plaintiff George Bernstein in part. Fed.R.Civ.P. 52(a).

BACKGROUND

This diversity action was brought by Ambassador Insurance Company ["Ambassador"] and Horizon Insurance Company ["Horizon"]. On November 10, 1983, the Superior Court of the State of Vermont declared Ambassador insolvent and appointed the Commissioner of...

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