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MACLAREN EUROPE LTD. v. ACE AMERICAN INS. CO.

No. 11 Civ. 4688(HB).

908 F.Supp.2d 417 (2012)

MACLAREN EUROPE LIMITED, Plaintiff, v. ACE AMERICAN INSURANCE COMPANY, Defendant.

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

November 5, 2012.

Attorney(s) appearing for the Case

Paul Scott Hugel, Clayman & Rosenberg, New York, NY, for Plaintiff.

Joseph K. Powers, J. Gregory Lahr, Sedgwick LLP, Thomas Robert Orofino, Sedgwick, Detert, Moran & Arnold LLP, New York, NY, for Defendant.

OPINION & ORDER

HAROLD BAER, JR., District Judge.

Maclaren Europe Limited ("MEL") and ACE American Insurance Company ("ACE") each move for summary judgment. The principal issues before the Court are whether MEL's prepayment of the 2006 renewal premium to its retail broker, Indebir Sahni, is in fact payment to ACE, and, if not, whether ACE properly canceled the 2006 policy for nonpayment. Under English law, there is no dispute that ACE would prevail....

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