Unjust Enrichment Claim Dismissed in Sept. 11 Coverage Action

NEW YORK - A New York federal judge has dismissed Lexington Insurance Co.'s claim for unjust enrichment in its $7.4 million action against Tokio Marine & Nichido Fire Insurance Company Ltd. seeking reinsurance coverage for the settlement of underlying Sept. 11 property damage claims. Lexington Insurance Co. v. Tokio Marine & Nichido Fire Insurance Company Ltd., No. 11-391 (S.D. N.Y.).

On Sept. 7, Judge Deborah A. Batts of the U.S. District Court for the Southern District of New York ruled that the unjust enrichment claim is not viable because there is a valid and enforceable written agreement between the parties …