Majority of Summary Judgment Motions Denied in N.Y. Federal Reinsurance Dispute

UTICA, N.Y. — A New York federal judge has denied Utica Mutual Insurance Co.’s motions for summary judgment on the issues of allocation, breach of contract and bad faith in a dispute over whether Century Indemnity Co. is obligated under two reinsurance certificates for asbestos losses incurred by Utica’s insured.

In a Sept. 26 order, Judge David N. Hurd of the U.S. District Court for the Northern District of New York also denied Century’s cross-motions for summary judgment on the issue of whether it is bound by a mid-term endorsement to Utica’s 1973 umbrella policy.

A dispute arose between Utica …