Tag Archives: asbestos

Second Circuit Reverses Judgment for Cedent and Finds Reinsurer Not Liable for Asbestos Losses

In a significant reversal of a judgment for a cedent after a jury verdict, the Second Circuit Court of Appeals has held in favor of the reinsurer in an important follow-the-settlements case.  The court agreed with the reinsurer that, as a matter of law, it was not obligated to the cedent because the losses did … Continue Reading

Final Award Confirmed Over Interim Final Award in Reinsurance Dispute

Reinsurance arbitration panels, when asked, sometimes issue interim awards that address merits issues.  Often this happens when the parties need clarity on how to calculate a reinsurance billing.  The panel’s interim award may resolve certain issues and suggest that the parties meet and confer to see if they can now resolve the dispute, but if … Continue Reading

Who Demands Arbitration Is Key to Whether Arbitration Will Be Compelled

Complex corporate structures and internal reinsurance relationships can complicate legacy reinsurance relationships.  This is especially true where the underlying losses are long-tail liabilities and where companies have changed, merged, combined and succeeded each other.  A key question for any legacy reinsurance treaty is whether the losses now being ceded come within the scope of the … Continue Reading

Post-Trial Motions Denied in Hard-Fought Reinsurance Dispute

Reinsurance disputes are rarely tried to a jury.  They are typically arbitrated.  When they are tried to a jury–just like any jury trial–there are often post-trial motions made to seek to overturn the jury verdict or modify the judgment.  Motions like that are difficult to win, especially when key facts are left to the jury to … Continue Reading

Delaware Supreme Court Clarifies New York’s Injury-in-Fact Trigger of Coverage for Asbestos Losses

Whether coverage for asbestos personal injuries is triggered under an injury-in-fact theory or under an exposure theory makes a world of difference to which insurance policies must respond to the asbestos losses. Asbestos, as we know, causes asbestos-related diseases that often manifest 20 or 30-years after the initial significant exposure to asbestos fibers. Most experts … Continue Reading

The Wellington Agreement’s Confidentiality Provision Lives On

You remember the Wellington Agreement don’t you? This was the settlement agreement entered into back in 1985 to resolve numerous coverage disputes between Owens-Corning Fiberglass Corp. and its producers and insurers over pending asbestos litigation. Confidential arbitrations took place as part of the Wellington Agreement to resolve these coverage disputes. Much evidence was created as … Continue Reading
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