G-I Holdings v. Reliance Ins. Co., No. 07-2510

In plaintiff's claim for insurance policy coverage of its directors and officers for fraudulent conveyance in Reliance-defendant's liquidation and against Hartford, who had taken over claims administration for defendant and assumed some of its liabilities, district court's grant of summary judgment in favor of Hartford is affirmed where: 1) the Hartford policy period does not include the amended Reliance policy period, and there is no basis to conclude that plaintiff could have reasonably expected its policy with Hartford to cover the Reliance policy; 2) the interrelated wrongful acts provision applies to bar coverage for the CCR and Claimants Committee actions under the Hartford policy; 3) other agreements do not make Hartford directly liable for the fraudulent conveyance actions; and 4) judicial estoppel does not apply to Hartford's invoking of the interrelated wrongful acts provision 

Read G-I Holdings v. Reliance Ins. Co., No. 07-2510

Appellate Information

On Appeal from the United States District Court for the Middle District of New Jersey

(D.C. Civil Action No. 00-cv-06189)  

District Judge: Honorable Dennis M. Cavanaugh.

Opinion Filed October 26, 2009

Judges

Before:  Scirica, Chief Judge, Ambro and Smith, Circuit Judges

Opinion by Ambro, Circuit Judge 

Counsel

Counsel for Appellant:  Anthony Bartell, McCarter & English; Stephen G. Weil, Jerold Oshinsky.

Counsel for Appellee:  Arnold R. Gerst, Brad M. Weintraub, Weiner Lesniak, Lawrence J. Bistany, Celestine M. Montague, White & Williams