News & Analysis as of

Reinsurance Policy Limits

Carlton Fields

Following New York High Court’s Answer To Certified Question, Second Circuit Remands Reinsurance Dispute To District Court

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The Second Circuit vacated and remanded for reconsideration a district court opinion in a dispute concerning the limits available under certain facultative reinsurance certificates after the New York Court of Appeals answered...more

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New York Court Of Appeals Holds There Is No Presumption Of Expense-Inclusive Caps In Liability Limit Clauses In Facultative...

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The New York Court of Appeals recently answered in the negative a question certified to it by the U.S. Court of Appeals for the Second Circuit regarding prior precedent and whether per occurrence liability limits in...more

Carlton Fields

NY Highest Court Asked Certified Question On Reinsurer Liability Cap

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The Second Circuit certified to the New York Court of Appeals the question of whether its 2004 decision (Excess Insurance Co. v. Factory Mutual Insurance Co., 3 N.Y.3d 577 (2004)) imposed “either a rule of construction, or...more

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Illinois Court Issues Corrected Opinion On Expenses Being Included In Reinsurance Limit

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As we previously reported, an Illinois appellate court recently concluded that the limit stated on certain reinsurance certificates applied to both indemnity expenses as well as defense expenses, relying on the often cited...more

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Treaty Tip: Clarity In Reinsurance Contracts

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Reinsurance agreements commonly contain a dollar limit on the liability of the reinsurer. Both the reinsured and the reinsurer benefit from clarity with respect to such limits. The reinsured benefits by knowing with precision...more

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Expenses Once Again Found To Be Part Of Coverage Limit In Battle Against Reinsurer

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In November, an Illinois appellate court affirmed an order granting defendant MidStates Reinsurance Corporation’s (“MidStates”) motion for judgment on the pleadings because the reinsurer had fulfilled its obligation to pay up...more

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Reinsurer’s Liability Capped At Amount Stated In Liability Clauses

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In a case on which we previously reported on January 29, 2014, a federal court in New York recently ruled that a reinsurer was not required to pay amounts in excess of the sums stated in the Liability Clauses of two...more

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Reinsurer’s Exposure Capped At The Certificate Limits: No Obligation To Pay Defense Expenses Above The Limits

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A New York federal court recently was presented with a reinsurance dispute about the amount a reinsurer was required to pay under certain reinsurance Certificates. The issue was whether the reinsurer’s obligation was capped...more

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