Reinsurance Newsletter - September 2013: New York Federal Court Transfers Case Upstate


Munich Reinsurance Am., Inc. v. Utica Mut. Ins. Co., No. 13 Civ. 238 (KBF) (S.D.N.Y. Jun. 18, 2013).

A New York federal court granted a cedent’s motion to transfer a reinsurance dispute over a 1977 reinsurance contract from the Southern District of New York to the Northern District of New York.  The cedent had already commenced an action against the reinsurer in the Northern District of New York on a 1973 reinsurance contract and claimed that the cases were related and would include overlapping discovery.  In granting the transfer motion, the court found that the factors considered on this type of motion weighed in favor of transfer because the cedent has its place of business in the Northern District, the reinsurer did not have its principal place of business in the Southern District, none of the witnesses were in the Southern District, and the operative conduct took place at the parties’ head offices, which no longer include the Southern District.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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