Avenue Capital Mgt. II, L.P. v Chubb European Group S.E.

Annotate this Case

Download PDF

Avenue Capital Mgt. II, L.P. v Chubb European Group S.E. 2023 NY Slip Op 31744(U) May 23, 2023 Supreme Court, New York County Docket Number: Index No. 654855/2022 Judge: Joel M. Cohen Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. INDEX NO. 654855/2022 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 05/23/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 03M ----------------------------------------------------------------------------------- X AVENUE CAPITAL MANAGEMENT II, L.P., STORM PETREL LEASING 979 LIMITED, STORM PETREL LEASING 1002 LIMITED, SHEARWATER AIRCRAFT LEASING II 28520 LIMITED, SHEARWATER AIRCRAFT LEASING 28533 LIMITED, INDEX NO. MOTION DATE MOTION SEQ. NO. 654855/2022 05/02/2023 002 Plaintiffs, DECISION+ ORDER ON MOTION - V - CHUBB EUROPEAN GROUP S.E., BERKSHIRE HATHAWAY INTERNATIONAL INSURANCE LTD., HOUSTON CASUAL TY COMPANY, LONDON BRANCH, MAPFRE ESPANA COMPANIA DE SEGUROS Y REASEGUROS S.A., MITSUI SUMITOMO INSURANCE COMPANY (EUROPE) LIMITED, LLOYD'S SYNDICATE 0510 KLN, LLOYD'S SYNDICATE 1880 TMK, SWISS RE INTERNATIONAL SE, LLOYD'S SYNDICATE 2623 AFB, LLOYD'S SYNDICATE 0623 AFB, FIDELIS UNDERWRITING LIMITED, LLOYD'S SYNDICATE 0435 FOY, LLOYD'S SYNDICATE 1919 CVS, LLOYD'S SYNDICATE 1084 CSL, HDI GLOBAL SPECIALTY SE, GREAT LAKES INSURANCE SE, CONVEX INSURANCE UK LIMITED, AXIS SPECIAL TY EUROPE SE, LLOYD'S SYNDICATE 0609 AUW, LLOYD'S SYNDICATE 3010 LRE, LLOYD'S SYNDICATE 2010 MMX, LLOYD'S SYNDICATE 4472 LIB, LLOYD'S SYNDICATE 2012 AAL, LLOYD'S SYNDICATE 1729 DUW, ARCH MANAGING AGENCY LIMITED FOR AND ON BEHALF OF THE 2021 UNDERWRITING MEMBERS OF SYNDICATE 2012 AT LLOYD'S, ATRIUM UNDERWRITERS LIMITED FOR AND ON BEHALF OF THE 2021 UNDERWRITING MEMBERS OF SYNDICATE 60 AT LLOYD'S, LIBERTY CORPORATE CAPITAL LIMITED AS SOLE CORPORATE MEMBER OF SYNDICATE 4472 AT LLOYD'S FOR THE 2021 YEAR OF ACCOUNT, BEAZLEY FURLONGE LIMITED FOR AND ON BEHALF OF THE 2021 UNDERWRITING MEMBERS OF SYNDICATE 623 AND SYNDICATE 2623 AT LLOYD'S, CHAUCER CORPORATE CAPITAL (NO. 3) LTD. (UK) AS THE SOLE CORPORATE MEMBER OF SYNDICATE 1084 AT LLOYD'S FOR THE 2021 YEAR OF ACCOUNT, DALE MANAGNG AGENCY LIMITED FOR AND ON BEHALF OF THE 2021 UNDERWRITING MEMBERS OF SYNDICATE 1729 AT LLOYD'S, LANCASHIRE SYNDICATES LIMITED FOR AND ON BEHALF OF THE PARTICIPATING 2021 UNDERWRITING MEMBERS OF SYNDICATE 2010 AT LLOYD'S, TOKIO MARINE KILN SYNDICATES LIMITED ON BEHALF OF ALL UNDERWRITING MEMBERS OF LLOYD'S SYNDICATE 510 AND LLOYD'S SYNDICATE 654855/2022 AVENUE CAPITAL MANAGEMENT II, LP. ET AL vs. CHUBB EUROPEAN GROUP S.E. ET AL Motion No. 002 [* 1] 1 of 4 Page 1 of4 INDEX NO. 654855/2022 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 05/23/2023 1880, FARADAY CAPITAL LIMITED, THE SOLE MEMBER OF AND CAPITAL PROVIDER TO LLOYD'S SYNDICATE 435, STARR SYNDICATE LIMITED AS SOLE UNDERWRITING MEMBER OF LLOYD'S SYNDICATE 1919, STARR MANAGING AGENTS LIMITED ON BEHALF OF LLOYD'S SYNDICATE CVS 1919, DOES 1-10 Defendants. ----------------------------------------------------------------------------------- X HON. JOEL M. COHEN: The following e-filed documents, listed by NYSCEF document number (Motion 002) 67, 68, 69, 70, 71, 77, 79 PRO HACVICE were read on this motion for CHRISTOPHER R. BARTH, ESQ., having applied to this Court for admission pro hac vice to represent Defendants Atrium Underwriters Limited for and on behalf of the 2021 underwriting members of Syndicate 609 at Lloyd's, Liberty Corporate Capital Limited as sole corporate member of Syndicate 44 72 at Lloyd's for the 2021 year of account, and Lancashire Syndicates Limited for and on behalf of the participating 2021 underwriting members of Syndicate 3010 and Syndicate 2010 at Lloyd's, Arch Managing Agency Limited for and on behalf of the 2021 underwriting members of Syndicate 2012 at Lloyd's, Dale Managing Agency Limited for and on behalf of the 2021 underwriting members of Syndicate 1729 at Lloyd's, Beazley Furlonge Limited for and on behalf of the 2021 underwriting members of Syndicate 623 and Syndicate 2623 at Lloyd's, and Chaucer Corporate Capital (No. 3) Ltd. (UK) as the sole corporate member of Syndicate 1084 at Lloyd's for the 2021 year of account (collectively, the "Defendants"), and applicant having submitted (i) an Affirmation of Joseph N. Froehlich, Esq., a member of the Bar of the State of New York and attorney of record herein for the above-named Defendants, (ii) an affidavit of the applicant dated March 24, 2023, and (iii) a Certificate of Good Standing from the jurisdiction in which the applicant was admitted to the practice of law, 654855/2022 AVENUE CAPITAL MANAGEMENT II, LP. ET AL vs. CHUBB EUROPEAN GROUP S.E. ET AL Motion No. 002 [* 2] 2 of 4 Page 2 of 4 INDEX NO. 654855/2022 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 05/23/2023 and the Court having reviewed the foregoing submissions and due deliberation having been had, it is now therefore ORDERED that the motion for leave to appear pro hac vice is GRANTED and Christopher R. Barth, Esq. is permitted to appear and to participate in this action on behalf of Defendants; and it is further ORDERED that he shall be at all times during this action be associated with counsel who is a member in good standing of the Bar of the State of New York and is attorney ofrecord for the aforesaid parties; and it is further ORDERED that all pleadings, briefs, and other papers filed with the Court shall be signed by the attorney of record, who shall be responsible for such papers and for the conduct of this action; and it is further ORDERED that, pursuant to Section 520.11 of the Rules of the Court of Appeals and Section 602.2 of the Rules of the Appellate Division, First Department, the attorney hereby admitted pro hac vice shall be familiar with and abide by the standards of professional conduct imposed upon members of the New York Bar, including the rules of the courts governing the conduct of attorneys and the Rules of Professional Conduct; and it is further ORDERED that he shall be subject to the jurisdiction of the courts of the State of New York with respect to any acts occurring during the course of his participation in this matter; and it is further ORDERED that counsel shall notify the court immediately of any matter or event in this or any other jurisdiction that affects his standing as a member of the bar. 654855/2022 AVENUE CAPITAL MANAGEMENT II, LP. ET AL vs. CHUBB EUROPEAN GROUP S.E. ET AL Motion No. 002 [* 3] 3 of 4 Page 3 of 4 INDEX NO. 654855/2022 NYSCEF DOC. NO. 80 RECEIVED NYSCEF: 05/23/2023 5/23/2023 DATE CHECK ONE: JOEL M. COHEN, J.S.C. CASE DISPOSED GRANTED ~ DENIED NON-FINAL DISPOSITION GRANTED IN PART APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT 654855/2022 AVENUE CAPITAL MANAGEMENT II, L.P. ET AL vs. CHUBB EUROPEAN GROUP S.E. ET AL Motion No. 002 [* 4] 4 of 4 OTHER REFERENCE Page4 of 4

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.