In a Reinsurance Dispute Involving Asbestos Contamination, Reinsurer Filed Counterclaims Against Insurer for Misrepresentation

Utica Insurance Co. v. Fireman's Fund Insurance Co. (Northern District of New York, November 2, 2009)

This action stems from several underlying actions regarding umbrella policies Utica issued between 1966 through 1972.  In order to reduce its risk, Utica purchased reinsurance from the Fireman's Fund among other reinsurers.  Utica's insured filed several asbestos-related claims under its umbrella policies which resulted in Utica paying close to 25 million dollars in settlements.  According to the pleadings, Utica provided the Fireman's Fund with all the expenses and billing information it …

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Second Circuit Remands $34 Million Jury Verdict Against Reinsurer Back to Lower Court to Address Which Claims Should Be Arbitrated

AXA Versicherung AG v. New Hampshire Insurance Co.

(2nd Cir. [NY] October 14, 2009)

 

An action was filed against a reinsurer relating to two reinsurance contracts.  The plaintiff alleged that the reinsurer misrepresented or failed to disclose certain material facts in connection with the negotiation of these contracts and sued for intentional misrepresentation, negligent misrepresentation, material nondisclosure, and breach of the duty of utmost good faith.  After an arbitration proceeding was stayed, the matter was tried before a jury in the

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THIRD CIRCUIT FINDS DEEMER CLAUSE IN REINSURANCE CONTRACT AMBIGUOUS

Princeton Insurance Co. v. Converium Reinsurance (North America) Inc.

(Third Circuit, September 14, 2009)

 

In Princeton Insurance Company v. Converium Reinsurance (North America) Inc., the cedent and reinsurer entered into a treaty regarding workers’ compensation and employer’s liability policies.  The treaty provided reinsurance for claims exceeding $1 million. The treaty included a warranty which provided that  the cedent “warrants that the maximum Employer’s Liability limits are as follows, or so deemed:  i. Bodily Injury by Accident – $100,000 each accident.”

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DISTRICT COURT REJECTS AIG’S CLAIM FOR A MULTI-BILLION DOLLAR ORAL TRUST

Starr International, Inc. v. AIG, Inc.

(Southern District of New York, August 31, 2009)

 

In a counterclaim to a suit filed by Starr International Company, Inc. (“SICO”) against AIG seeking the return of artwork and other property, AIG claimed that SICO held certain AIG stock in trust for AIG’s benefit. Unfortunately for AIG, there were no trust documents, and it was left to claim that billion dollar oral trust had been created in its favor in 1970.  In a lengthy and dramatic court

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District Court Dismisses One Billion Dollar Complaint Against AIG Due to Lack of Standing

NATIONAL COUNCIL ON COMPENSATION INSURANCE, INC. V. AIG, ET AL

(NORTHERN DISTRICT OF ILLINOIS AUGUST 20, 2009)

 

The issue before the district court is whether the National Council of Compensation Insurance, Inc. (“NCCI”) had standing to assert claims involving a National Workers Compensation Reinsurance Pool (“Pool”).  The Pool is an unincorporated active association that provides an insurance company with a means of complying with residual market requirements.  To become part of the Pool, insurers must execute a contract stating that the NCCI

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Court Rules Reinsurer Cannot Set Aside Arbitration Agreement

TIG Insurance Company v. Global International Reinsurance Company (Southern District of New York, August 11, 2009)

Global International Reinsurance Company agreed to indemnify TIG Insurance Company for certain losses. TIG performed an internal audit for losses prior to 2003 to ensure claims were properly coded. Global did not object to the protocol employed by TIG.

The audit showed a number of claims were indeed miscoded. TIG represented to Global that the errors had been remedied. The parties entered into a settlement agreement that dismissed with …

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CaseWatch Cases for August 13, 2009 Edition

Download AA Acupuncture Service v. Safeco Ins. Co

Download Admiral Insurance Company v. Grace Industries

Download Bosetti v. United States Life Ins. Co. in the City of New York 

Download Boston Gas v. Century Indemnity

Download Centennial Ins. Co. v. Patterson

Download Denise v. NYC Transit Authority

Download Economy Premier Ins. Co. v. Jackson

Download Essex Ins. Co. v. Professional Building Contractors, Inc.

Download Fortune v. Group LTD Plan for Employees of Keyspan

Download Galvn v. Provident Life and Accident Insurance Company

Download Great

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Insurance Legislative Update for United States

California

Senate Bill 119

(Introduced Feb. 2, 2009, Last Action July 27, 2009-To Governor)

This bill extends the expiration date of existing law that prohibits the bringing of an action against an insurer in providing professional liability insurance policies to health care providers for statements made in bad faith unless the statement was made under a specified circumstance.

Massachusetts

House Bill 876

(Introduced Jan. 19, 2009, Last Action July 22, 2009-In Joint Committee)

This bill discourages uninsured motorists by limiting their bodily injury liability compensation.

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SECOND CIRCUIT HOLDS THAT WORLD TRADE CENTER COVERAGE DISPUTE IS RIPE

SR International Business Insurance v. Port Authority el al

(2nd Circuit, July 28, 2009)

 

In the ongoing coverage litigation relating to the World Trade Center tragedy, SR International Business Insurance Co., Ltd. v. Allianz Insurance Company,   the Second Circuit, applying New York law, held that a dispute between the insurer and the insured regarding priority of recovery for World Trade Center losses was ripe for adjudication.  The insured claimed that the matter was un-ripe because, among other things, it was

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Cases Cited in Goldberg Segalla’s Reinsurance Review – August 2009 Edition

Eighth Circuit Decision - Download Donaldson.v.Burroughs 

Third Circuit Decision - Download Nationwide.v.George.V.Hamilton

Eastern District of Pennsylvania Decision- Download United.National.Ins.Co.v.Aon

Southern District of New York Decisions - Download AIU.v.TIG; Download In.the.Matter.of.the.Petition.of Insurance Company.of.North.America

Middle District of Georgia Decisions - Download International.Fidelity.v.BMC

United Kingdom Decisions –Download Lexington v agf lexington; Download Doronch.v.Westminster

Recent Filing of Interest – Download McGrath.v.American Re-Insurance

For more information, please contact Jeffrey Kingsley at [email protected]

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