2nd Cir. Denies Utica Mutual’s Petitions for En Banc Rehearing of Defense Costs Cases

NEW YORK — The 2nd Circuit U.S. Court of Appeals has denied Utica Mutual Insurance Co.’s bid for en banc rehearing of a case in which the court found in favor of two reinsurers on the issue of whether they were obligated to pay a cedent’s defense costs above the limits established in an umbrella policy covering Goulds Pumps Inc.’s asbestos liabilities.

The appellate court denied Utica’s petitions on Sept. 17 and Sept. 22 and let stand its opinions that the reinsurance certificates issued by Munich Reinsurance America Inc. and Century Indemnity Co. to Utica Mutual Insurance Co. reinsured defense …