Munich Re Denied Reargument in N.Y. Reinsurance Action

ROCHESTER, N.Y. — A New York appellate panel has refused to disturb its ruling rejecting Munich Reinsurance America Inc.’s efforts to claw back payments it made for defense costs incurred by its cedent, Utica Insurance Co., in defending Burnham Corp. against asbestos exposure claims.

On Nov. 17, the New York Appellate Division, 4th Department panel denied Munich Re’s motions for reargument and clarification.

The panel let stand its July 28 ruling that the reinsurer’s counterclaim against Utica is barred by the voluntary payment doctrine because Munich Re “never made any effort to learn what its legal obligations were, and …