Continental Casualty Company v. Marshall Granger & Company, LLP et al
Continental Casualty Company |
Marshall Granger & Company, LLP, Laurence M. Brown and Ronald J. Mangini |
7:2011cv03979 |
June 13, 2011 |
US District Court for the Southern District of New York |
White Plains Office |
XX Out of State |
Cathy Seibel |
Insurance |
28 U.S.C. ยง 2201 |
None |
Available Case Documents
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Filing 206 OPINION & ORDER re: 205 LETTER MOTION for Oral Argument addressed to Judge Cathy Seibel from Jeremy M. King dated September 8, 2016 filed by Jospeh J. Boughton, Jr., Northstar Investment Group, Ltd., 197 MOTION for Sanctions filed by Continental Casualty Company, 204 LETTER MOTION for Oral Argument addressed to Judge Cathy Seibel from Andrew M. Weiner dated September 8, 2016 filed by Jospeh J. Boughton, Jr., Northstar Investment Group, Ltd. For the reasons set forth above, Plaintiff's Motion for sanctions under Rule 11 is DENIED. Mr. Schryber and Mr. King should take no satisfaction in this outcome. It is their good luck that a procedural quirk protected them from the imposition of sanctions despite their conduct. The Clerk of Court is respectfully directed to terminate the pending Motion, (Doc. 197), as well as Mr. King's and Mr. Schryber's requests for oral argument, (Docs. 204, 205), which I find to be unnecessary. (Signed by Judge Cathy Seibel on 5/9/2017) (mml) |
Filing 94 OPINION AND ORDER: I conclude that: (1) it is undisputed that Marshall Granger's application for insurance contained misrepresentations; (2) those misrepresentations were material as a matter of law; and (3) none of Continental's letters se nt during the relevant period constitutes a waiver of the right to rescind. Accordingly, on these issues Plaintiff's Motion for Summary Judgment is GRANTED and Defendants' Cross-Motion for Summary Judgment is DENIED. Regarding the limited i ssue of whether Continental has forfeited the right to rescind by unreasonably delaying in pursuing that remedy, I find that Defendants are entitled to discovery. As to that issue, therefore, Plaintiff's Motion is DENIED and Defendants' Cro ss-Motion is DENIED. Both denials on the issue of unreasonable delay are without prejudice to renewal following limited discovery. The Clerk of Court is respectfully directed to terminate the pending Motions. (Docs. 71, 78.) The parties are directed to appear for a status conference on Thursday April 17, 2014 at 4:00 p.m. SO ORDERED. (Status Conference set for 4/17/2014 at 04:00 PM before Judge Cathy Seibel) (See OPINION AND ORDER as set forth) (Signed by Judge Cathy Seibel on 3/20/2014) (lnl) |
Filing 58 OPINION AND ORDER: Continental's Motion for Summary Judgment is DENIED without prejudice to renewal following limited discovery; Defendant Marshall Granger's Motion to Dismiss is DENIED; and Defendants-Intervenors Boughton Entities' Mo tion to Dismiss is DENIED. The Clerk of Court is respectfully directed to terminate the pending motions. (Docs. 24, 27, 34.) The parties are to appear for a status conference on February 28, 2013 at 3:30 p.m. SO ORDERED. (Signed by Judge Cathy Seibel on 1/31/2013) (lnl) |
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