Hi Stephanie,
Whilst I don't know the answer to your specific query, I thought I
would drop you a note anyway. The area of law that deals with such
issues as recognition and/or enforcement of foreign judgments is known
as "Private International Law" or "Conflict Of Laws", and what you
really need to do is try to identify the best NY text book on that
topic. Recognition and enforcement of foreign judgments is governed, in
Anglo-American law, by a body of complex rules, (some from case-law and
some from legislation), rather than mere "comity". For example, neither
in Australia nor in the UK are judgments of USA courts, (even the
highest ones) directly enforceable. There is no mechanism for
registration and automatic enforcement of such judgments in the UK or
Australia, so it would surprise me if NY law were to give a higher
enforceability to a UK judgment than UK law would give to an equivalent
judgment of a NY court. I have a substantial collection of links
(including specifically USA links) relating to "Private International
Law - Conflict Of Laws" on my vidElex Computer-Assisted Legal Research
website, and you may care to explore them. They are at:-
http://videlex.com/Private%20International%20Law.htm
'Avag'dday :-)
Ron Huttner
Legal Researcher
Melbourne, Victoria
Australia
http://videlex.com
http://videlex.com/pers1.htm
On Saturday, October 12, 2002, at 05:38 AM, Stephanie Pierson wrote:
> Hi, everyone.
>
> Well, this is soooo Friday afternoon! Here goes:
>
> Will a NY court give deference (comity) to an English's court's order
> that an insurance company transfer its risk to another company?
>
> Basically, after the English court ordered this, a NY policyholder
> filed a claim. The old company said they were no longer responsible
> due
> to the transfer of risk. The policy holder filed suit to force the old
> company to pay under the policy. So, will NY recognize the English
> order or not?
>
> Thanks so much to ANYONE who can help!!!
>
> Stephanie
>
> Stephanie Fox Pierson, Esq.
> Regional Manager, Legal Information Resources
>
> LeBoeuf, Lamb, Greene & MacRae, L.L.P.
> One Riverfront Plaza
> Newark, NJ 07102-5490
>
> Phone: 973-643-3678
> Personal Fax: 973-848-5645
> E-mail: spierson@llgm.com
>
>
>
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