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In re the Liquidation of Preferred Accident Insurance

3 N.Y.2d 990 Court N.Y. Decision date 1957-12-05 English

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Majority

p. 990
In the Matter of the Liquidation of Preferred Accident Insurance Company of New York. Leffert Holz, as Superintendent of Insurance, Liquidator of Preferred Accident Insurance Company of New York, Respondent; New Amsterdam Casualty Company, Appellant.
Argued October 15, 1957;
decided December 5, 1957.
p. 992
John P. Walsh, James B. Donovan, DeRoy C. Thomas, Thomas A. Harnett and Patrick J. Hughes for appellant.
Alfred C. Bennett and Isaac Goldstein for respondent.

Order affirmed, with costs. Question certified not answered. No opinion.

Concur: Chief Judge Conway and Judges Dye, Fuld, Froessel, Van Voorhis and Burke. Judge Desmond dissents and votes to reverse upon the ground that neither section 538 of the Insurance Law nor any other statute or discoverable public policy (see Matter of Rhinelander, 290 N. Y. 31 , 36) makes this contractual provision invalid.

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