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COMMERCIAL UNION INS. v. SWISS REINSURANCE AMERICA

No. 04-1709.

413 F.3d 121 (2005)

COMMERCIAL UNION INSURANCE COMPANY and American Employers' Insurance Company, Plaintiffs, Appellants, v. SWISS REINSURANCE AMERICA CORPORATION, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 27, 2005.

Attorney(s) appearing for the Case

Carter G. Phillips with whom William M. Sneed, Stephen C. Carlson, Sidley Austin Brown & Wood L.L.P., Richard A. Johnston and Wilmer Cutler Pickering Hale and Dorr LLP were on brief, for appellants.

Edward P. Krugman, Cahill Gordon & Reindel LLP, Eric S. Kobrick, Associate General Counsel, American International Group, Inc., on brief for The Member and Affiliated Companies of American International Group, Inc., Amici Curiae.

David A. Attisani with whom John A. Nadas, Robert A. Kole and Choate, Hall & Stewart were on brief, for appellee.

Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and DiCLERICO, District Judge.

BOUDIN, Chief Judge.

This is a dispute between an insurance company—Commercial Union Insurance Company ("Commercial Union")—and one of its reinsurers, Swiss Reinsurance America Corporation ("Swiss Re"). The principal issue is whether, under several three-year reinsurance policies, Swiss Re was protected by a single per-occurrence limit on its liability for the three-year policy period or whether the limit applies separately for each policy year, thereby...

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