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Ins. Co v. Kenning Management of Connecticut

Appellate Division of the Supreme Court of New York, First Department
Mar 3, 2009
60 A.D.3d 420 (N.Y. App. Div. 2009)

Opinion

March 3, 2009.

Order, Supreme Court, New York County (Helen E. Freedman, J.), entered June 10, 2008, which, in an action alleging breach of fiduciary duty and unjust enrichment, denied defendants' motion pursuant to CPLR 7503 to compel arbitration and stay further proceedings in this action, unanimously affirmed, with costs.

Before: Andrias, J.P., Friedman, Buckley, Catterson and Acosta, JJ.


The court properly denied the motion to compel arbitration, since plaintiff did not agree to arbitrate, and the management agreement between its parent Trenwick America Reinsurance Corporation (TARCO) and defendant Kenning, to develop and manage a run-off plan accepted by the Connecticut Department of Insurance relating to TARCO, did not cover either the corporate or individual parties to this action ( see TNS Holdings v MKI Sec. Corp., 92 NY2d 335). Nor may the individual defendants compel arbitration as third-party beneficiaries of the TARCO agreement, since none of plaintiff's claims against defendants arise under that agreement.


Summaries of

Ins. Co v. Kenning Management of Connecticut

Appellate Division of the Supreme Court of New York, First Department
Mar 3, 2009
60 A.D.3d 420 (N.Y. App. Div. 2009)
Case details for

Ins. Co v. Kenning Management of Connecticut

Case Details

Full title:THE INSURANCE CORPORATION OF NEW YORK, Respondent, v. KENNING MANAGEMENT…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 3, 2009

Citations

60 A.D.3d 420 (N.Y. App. Div. 2009)
874 N.Y.S.2d 93