NORTH RIVER INSURANCE COMPANY,
v.
CIGNA REINSURANCE COMPANY, individually and as successor to INA Reinsurance Company
North River Insurance Company, Appellant in No. 93-5743
CIGNA Reinsurance Company, Appellant in No. 93-5764.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued July 21, 1994.
Decided April 13, 1995.
Attorney(s) appearing for the Case
Barry R. Ostrager (argued), Mary K. Vyskocil, Joseph F. Wayland, Simpson, Thacher & Bartlett, New York City, for appellant/cross-appellee, North River Ins. Co.
Thomas A. Allen (argued), Ellen K. Burrows, William E. Cox, Marion R. Hubing, White & Williams, Philadelphia, PA, for appellee/cross-appellant, CIGNA Reinsurance Co., individually and as successor to INA Reinsurance Co.
Mitchell F. Dolin, Covington & Burling, Washington, DC, for amicus curiae appellants, Armstrong World Industries, Inc., Asbestos Claims Management Corp., Certain-Teed Corp., C.E. Thurston & Sons, Inc., Dana Corp., Ferodo America, Inc., Flexitallic, Inc., GAF Corp., National Service Industries, Inc., Pfizer Inc., Shook & Fletcher Insulation Co., T & N PLC and U.S. Gypsum Co.
David M. Raim, Chadbourne & Parke, Washington, DC, for amicus curiae appellant/cross-appellee, The Aetna Cas. & Surety Co.
Mark D. Lebow, Coudert Bros., New York City, for amicus curiae appellants/cross-appellees, The Continental Ins. Co., Royal Ins. Co. and The Travelers Ins. Co.
William J. Bowman, Hogan & Hartson, Washington, DC, for amicus curiae appellant/cross-appellee, ITT Hartford Ins. Group.
Joseph J. Schiavone, Budd, Larner, Gross, Rosenbaum, Greenberg & Sade, Short Hills, NJ, for amicus curiae appellee/cross-appellant Reinsurance Ass'n of America.
Before: SCIRICA, LEWIS and SEITZ, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
SCIRICA, Circuit Judge.
This is a dispute between an excess insurer and a reinsurer over who should pay for defense litigation costs arising out of asbestos injury claims against the underlying insured. Under procedures established by the Wellington Agreement, a comprehensive agreement between asbestos producers and insurers designed to resolve disputes over coverage,1 an arbitrator ruled that North River...
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