Reinsurance Trial Resolved after 10 Days and 15 Witnesses: “Follow the Fortunes” Cannot be Read into Reinsurance Contracts! Reinsurers Can Voluntarily Pay!

An insurer and reinsurer litigated their breach of contract actions against each other under two facultative reinsurance certificates in a New York federal court culminating in a 10-day bench trial presenting 10 fact witnesses and five experts. Utica Mutual Insurance Company v. Munich Reinsurance America, Inc. (N.D.N.Y., March 29, 2019). The heart of their dispute was the reinsurer’s liability for additional loss expenses; that is, whether it must pay for expenses the ceding insurer incurred to investigate, adjust and litigate
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