Follow-The-Fortunes Doctrine Bars Munich Re From Challenging Allocation, Utica Contends

ALBANY, N.Y. — Utica Mutual Insurance Co. has moved for summary judgment on the issue of allocation in a dispute over reinsurance coverage for underlying asbestos losses, arguing that the follow-the-fortunes doctrine bars Munich Reinsurance America Inc. from challenging its claims handling decisions.

In a June 27 motion filed in the U.S. District Court for the Northern District of New York, Utica argued that Munich Re “cannot avoid liability by complaining that the billings should have been prepared in a different manner.”

And in a separate motion filed the same day, Utica seeks summary judgment on Munich Re’s claim for …