News & Analysis as of

Asbestos Insurance Industry Insurance Litigation

White and Williams LLP

Top Developments March 2024

White and Williams LLP on

Delaware Supreme Court concludes that a letter from a lawyer informing an insured of possible lawsuits without identifying potential plaintiffs or demanding payment is not a “claim for damages” within the meaning of...more

BCLP

No Reinsurer Spiking Allowed - Now Settled English law: Equitas and MMI Supreme Court case is discontinued

BCLP on

The case between Equitas and Municipal Mutual Insurance (MMI) has been discontinued, bringing to an end a dispute that was due to be heard by the UK Supreme Court this week. Last year’s ruling by the Court of Appeal therefore...more

White and Williams LLP

Breaking News: Connecticut Supreme Court Decides Significant Coverage Issues in R.T. Vanderbilt

White and Williams LLP on

On October 4, 2019 (almost two years after granting certification), the Connecticut Supreme Court affirmed the Appellate Court’s rulings on four key coverage issues in R.T. Vanderbilt Company v. Hartford Accident & Indemnity...more

White and Williams LLP

Pennsylvania Federal Court Addresses Recurring Asbestos Coverage Issues

White and Williams LLP on

In a pair of recent asbestos coverage decisions, a Pennsylvania federal court issued rulings addressing expedited funding orders, number of “occurrences,” and the applicability of aggregate limits under the Fourth Circuit’s...more

Carlton Fields

Second Circuit Partially Vacates Summary Judgment Ruling In Asbestos Risk Reinsurance Case

Carlton Fields on

The Second Circuit has partially vacated summary judgment rulings in a case involving the reinsurance of asbestos-related risks. ...more

K&L Gates LLP

New Jersey Supreme Court Affirms Pro-Policyholder Rulings in Honeywell

K&L Gates LLP on

Honeywell International Inc. (“Honeywell”), represented by its counsel at K&L Gates LLP, achieved a decisive victory for policyholders in a ruling from the Supreme Court of New Jersey on June 27, 2018, in the long-running...more

Blank Rome LLP

Asbestos Coverage: A Never Ending Story

Blank Rome LLP on

In April 1977, a few weeks before I began practicing law, senior claims executives of eighteen liability insurance companies met to discuss the insurance implications of asbestos bodily injury claims....more

Jones Day

New York High Court Confirms No "Blanket Rule" on Reinsurance Limits

Jones Day on

The Situation: This past month, the New York Court of Appeals considered whether New York law imposes a "rule of construction" or "strong presumption" that a reinsurance contract's limit of liability provision caps the...more

K&L Gates LLP

New York Court Rejects Insurer’s Defenses to Coverage for Asbestos Claims Arising Out of the Construction of the Original World...

K&L Gates LLP on

On November 29, 2017, the New York Supreme Court issued an important ruling benefiting policyholders seeking insurance coverage for toxic tort claims. In American Home Assurance Company v. Port Authority of New York & New...more

Robinson+Cole Massachusetts Appellate Blog

The Scope of an Insurer’s Right to Control the Defense – OneBeacon America Ins. Co. v. Celanese Corp.

The scope of an insurer’s right to control the defense of an insured is an underdeveloped issue in Massachusetts case law, which the Appeals Court recently addressed in OneBeacon America Ins. Co. v. Celanese Corp., No....more

K&L Gates LLP

Who Will Be Handling Your Claims Under Berkshire Hathaway’s Latest Retroactive Reinsurance Deals?

K&L Gates LLP on

In recent years, we have commented on the various retroactive reinsurance transactions that Berkshire Hathaway and its subsidiary, National Indemnity Company (“NICO”), have entered into with ceding insurers regarding coverage...more

Carlton Fields

Court Compels Discovery Of Reinsurance Allocation Information

Carlton Fields on

In an action involving claims under facultative reinsurance for the reinsurance of asbestos risks, the reinsurer sought discovery of documents concerning the allocation of losses among the reinsurers on the program, and...more

Carlton Fields

Court Refuses To Compel Production Of Cedent’s Documents To Reinsurer When Extent Of Cedent’s Obligation To Provide Documents Is...

Carlton Fields on

A court has denied a motion to reconsider its decision denying a reinsurer’s (Century Indemnity Co.) motion to compel an insurer (Travelers Casualty and Surety Company) to produce certain documents in a case in which...more

Locke Lord LLP

Adding Fuel to the Bellefonte Fire? Second Circuit Asks New York’s Highest Court For Guidance as to Reinsurer’s Limit of Liability

Locke Lord LLP on

In Global Reins. Corp. of Am. v. Century Indem. Co., 2016 WL 7156549 (Dec. 8, 2016), the U.S. Court of Appeals for the Second Circuit asked New York’s highest court, the New York Court of Appeals, to provide guidance as to...more

Carlton Fields

Suit Against Reinsurer In California Dismissed For Lack Of Personal Jurisdiction

Carlton Fields on

A federal district court in California recently dismissed a lawsuit brought by a cedent against its reinsurer for lack of a personal jurisdiction, where the reinsurer’s only contacts with the state derived from the fact that...more

Neal, Gerber & Eisenberg LLP

“All Sums” Claims Another Victory, This Time In New York

In Viking Pump, Inc., et al. v. TIG Insurance Co., et al., 2016 N.Y. LEXIS 1018 (N.Y. May 3, 2016), policyholders scored a victory when New York’s highest court applied “all sums” allocation and vertical exhaustion. The...more

Carlton Fields

Illinois Federal Court Transfers “Late Notice” Reinsurance Dispute To Pennsylvania

Carlton Fields on

R&Q Reinsurance Company issued a facultative reinsurance certificate to St. Paul Fire & Marine Insurance Company, which reinsured a policy issued by St. Paul to Walter E. Campbell, Co. The broker who placed the certificate...more

Locke Lord LLP

New York’s Highest Court Holds All Sums Allocation And Vertical Exhaustion Applied To Excess Insurance Coverage For Asbestos...

Locke Lord LLP on

On May 3, 2016, the Court of Appeals of New York issued its opinion in In re Viking Pump, No. 59, 2016 WL 1735790, and found that “all sums” allocation and vertical exhaustion applied to the insureds’ claims to excess...more

Perkins Coie

What Methods of Allocation Will Prevail in New York?

Perkins Coie on

In the Matter of Viking Pump, Inc. and Warren Pumps LLC Insurance Appeals, No. CTQ-2015-00003 (NY) - Yesterday, on March 29, 2016, the New York Court of Appeals, New York’s highest court, will hear oral argument on two...more

Downs Rachlin Martin PLLC

DRM client wins important case precluding termination of insurer insolvency before contingent or unliquidated claims can be...

The Vermont Supreme Court has ruled in In Re Ambassador Ins. Co., 2015 VT 4 (Vt. Jan. 23, 2015) that the liquidator of Ambassador Insurance acted unreasonably in setting a December 31, 2013 bar date for policyholder claims...more

20 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide