902 F.2d 165 (2nd Cir. 1990), 89-9231, Alexander & Alexander Services, Inc. v. Lloyd's Syndicate 317

Docket Nº:Docket No. 89-9231.
Citation:902 F.2d 165
Party Name:ALEXANDER & ALEXANDER SERVICES, INC., Alexander & Alexander, Inc., and Alexander & Alexander of New York, Inc., Third-Party Plaintiffs-Appellees, v. LLOYD'S SYNDICATE 317, Third-Party Defendant-Appellant.
Case Date:April 18, 1990
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 165

902 F.2d 165 (2nd Cir. 1990)

ALEXANDER & ALEXANDER SERVICES, INC., Alexander & Alexander,

Inc., and Alexander & Alexander of New York, Inc.,

Third-Party Plaintiffs-Appellees,

v.

LLOYD'S SYNDICATE 317, Third-Party Defendant-Appellant.

Docket No. 89-9231.

United States Court of Appeals, Second Circuit

April 18, 1990

Page 166

Before KAUFMAN, FEINBERG and WALKER, Circuit Judges.

ORDER

On consideration of the briefs and records and the oral argument in this appeal, it is hereby ORDERED that the Clerk of the Court transmit to the Clerk of the New York Court of Appeals a Certificate in the form attached, together with a complete set of the briefs, appendix, and record filed by the parties with this court.

UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

____________________

Docket No. 89-9231

Filed April 18, 1990

____________________

ALEXANDER & ALEXANDER SERVICES, INC., ALEXANDER & ALEXANDER,

INC., and ALEXANDER & ALEXANDER OF NEW YORK, INC.,

Third-Party Plaintiffs-Appellees,

--against--

LLOYD'S SYNDICATE 317, Third-Party Defendant-Appellant.

____________________

Certificate to The New York Court of Appeals (pursuant to

McKinney's Revised 1990 New York Rules of Court

Sec. 500.17(b)--certification of

unsettled question of state law)

Alexander & Alexander Inc. is a Maryland corporation with its principal place of business in Maryland; Alexander & Alexander of New York Inc. is a New York corporation engaged, among other things, in the insurance brokerage business; Alexander & Alexander Services Inc. is a Maryland corporation with its principal place of business in Maryland. (All three corporations are referred to hereafter as Alexander.) Lloyd's Syndicate 317 (Syndicate 317) is a group of insurance underwriters who conduct their underwriting business in the insurance marketplace known as "Lloyd's of London," located in London, England. Landoil Resources Corporation (Landoil) is a Philippines corporation with its principal place of business in the Philippines. During the relevant period, Landoil's activities included the provision of a comprehensive range of contracting, management and construction services on large public and private projects in Third World and Middle Eastern countries.

An overview of the unique manner in which Lloyd's insurance market operates is necessary background. All underwriting at Lloyd's is performed by the underwriting members of Lloyd's in their individual capacities. These individual underwriting members transact their business in groups called syndicates. The syndicates are managed by managing agents, who, among other things, accept or reject the risks submitted for underwriting, collect premiums, pay losses and disburse all funds. The various syndicates conduct all of their underwriting business at the central Lloyd's building in London. Insurance business may be brought to these underwriting syndicates only by registered Lloyd's brokers, who have been appointed either by the prospective insured or by the insured's non-Lloyd's broker. The Lloyd's broker prepares a "slip" for submission to any number of managing agents, setting forth the risk to be insured; any managing agent who wishes to underwrite all or a portion of the risk indicates...

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