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CARLINGFORD AUSTRALIA GEN. v. ST. PAUL F. & MARINE

No. 86 Civ. 9011 (CSH).

722 F.Supp. 48 (1989)

CARLINGFORD AUSTRALIA GENERAL INSURANCE LIMITED (Formerly Preservatrice Skandia Insurance Ltd.), Plaintiff, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, Aetna Insurance Company, Cigna Corporation and Marsh & McLennan, Inc., Defendant.

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

September 27, 1989.

Attorney(s) appearing for the Case

Mendes & Mount, New York City (Mary Ann D'Amato, Peter W. Birkett, of counsel), for plaintiff.

Miller Singer, Raives & Brandes, P.C., New York City (Lawrence I. Brandes, of counsel), for Aetna Ins. Co., St. Paul Fire & Marine Ins. Co. and CIGNA Corp.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

In this diversity action on a policy of reinsurance, defendant reinsurers move under Rules 13(f) and 15(a), F.R.Civ.P., to amend their answers to assert an affirmative defense and a counterclaim for rescission. Defendants state that if the amendment is allowed, they will move on its basis for summary judgment under Rule 56. Plaintiff reinsured resists the amendment on the ground inter alia of legal...

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