N.Y. Federal Judge Refuses to Overturn $11 Million Reinsurance Verdict

ALBANY, N.Y. — A New York federal judge has refused to overturn an $11 million reinsurance verdict issued in Utica Mutual Insurance Co.’s favor, rejecting reinsurer Clearwater Insurance Co.’s argument that the phrase “occurrence not covered by” does not obligate it to pay defense expense in addition to limits.

In a March 18 order, Judge Gary L. Sharpe of the U.S. District Court for the Northern District of New York found Clearwater’s reliance upon the 2nd Circuit U.S. Court of Appeals’ ruling in Utica Mut. Ins. Co. v. Munich Reinsurance Am., Inc. - which states the phrase “occurrence not covered …