Utica to Appeal Ruling that Reinsurer is Not Required to Pay Defense Expenses

UTICA, N.Y. — Utica Mutual Insurance Co. is appealing a New York federal judge’s ruling that Munich Reinsurance America Inc. did not wrongly refuse to pay its share of $2.76 million in defense expenses that Utica incurred in connection with underlying asbestos claims filed against its insured.

According to a recent notice of appeal filed in the 2nd Circuit U.S. Court of Appeals, Utica is appealing a determination by Judge Brenda K. Sannes of the U.S. District Court for the Northern District of New York that the doctrines of follow-the-fortunes and follow-the-settlements were not implied in the reinsurance certificate.