News & Analysis as of

Breach of Contract › Asbestos

Goldberg Segalla

Summary Judgment against Reinsurer Affirmed where Exhaustion and Attachment Point Provisions were Ambiguous

Goldberg Segalla on

U.S. Court of Appeals for the Second Circuit, September 15, 2022 - Fireman’s Fund Ins. Co. v. Onebeacon Ins. Co., 2022 U.S. App. LEXIS 25863 - Fireman’s Fund Insurance Company (“Fireman’s Fund”) issued three excess...more

Troutman Pepper

Michigan Federal Court Permits Subcontractor’s Quasi-Contractual Claims to Proceed Despite Existence of Express Contract Covering...

Troutman Pepper on

P.A.L. Environmental Safety Corp. v. North American Dismantling Corp. Et Al., No. 19-11630, 2020 BL 198779 (E.D. Mich. May 28, 2020) - A Michigan federal court partially granted Consumers Energy Company’s (“CEC”) motion to...more

Carlton Fields

Trial Court Denies Post-Trial Motions in Asbestos Reinsurance Saga Involving Claims That Reinsurer Failed to “Follow the Fortunes”...

Carlton Fields on

We previously posted about the yearslong reinsurance dispute between Utica Mutual Insurance Co. (the cedent) and Century Indemnity Co. (the reinsurer), involving Utica’s claims that Century breached two reinsurance...more

Carlton Fields

Court Dismisses Reinsurance Litigation in Favor of Prior Pending Action

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The plaintiffs, U.S. Fire Insurance Co. and North River Insurance Co., issued 12 umbrella and excess umbrella liability policies for a combined coverage of $244 million to a manufacturer of respiratory protection equipment...more

Carlton Fields

Years-Long Asbestos Reinsurance Battle Continues For Utica And Century, Including Whether Century Must Follow The Fortunes Of...

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In 2013, Utica Mutual Insurance Company (the cedent) filed a complaint alleging that Century Indemnity Company (the reinsurer) (1) breached two reinsurance certificates executed between the parties covering the years 1973 and...more

White and Williams LLP

Pennsylvania Supreme Court Will Not Address Trigger for DEP Environmental Cleanup Action at This Time

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On July 18, 2018, in Pennsylvania Manufacturers’ Association Insurance Company v. Johnson Matthey, Inc., et al., No. 24 MAP 2017 (Pa. July 18, 2018), the Pennsylvania Supreme Court quashed the Pennsylvania Manufacturers’...more

Morris James LLP

Delaware Superior Court Requires Contract Claim Be Plead For Prejudgment Interest To Start To Accrue

Morris James LLP on

Viking Pump Inc. v. Century Indemnity Company, C.A. N10C-06-141 PRW CCLD (May 23, 2018) - This decision has an important warning. A complaint for a declaratory judgment does not alone entitle a plaintiff to a monetary...more

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