STORY FROM: Reinsurance & Arbitration

N.Y. Judge Refuses to Reconsider Denial of Summary Judgment Motion in Reinsurance Case

SYRACUSE, N.Y. — A New York federal judge has refused to reconsider her denial of Utica Mutual Insurance Co.’s motion for summary judgment in a dispute over whether a reinsurer is obligated to pay Utica’s defense expenses arising from an underlying asbestos claims settlement.

On May 23, Judge Brenda K. Sannes of the U.S. District Court for the Northern District of New York rejected Utica’s argument that the court “overlooked compelling evidence” when determining that the expense provisions in the reinsurance certificates were ambiguous.

In the 1970s, Utica sold primary and umbrella insurance policies to Goulds Pumps Inc. Utica ...

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