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AMERICAN EMPLOYERS' INS. v. SWISS REINSUR. AMERICA

No. 04-2635.

413 F.3d 129 (2005)

AMERICAN EMPLOYERS' INSURANCE COMPANY, Plaintiff, Appellant, 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, Sidley Austin Brown & Wood L.L.P., Richard A. Johnston and Wilmer Cutler Pickering Hale and Dorr LLP were on brief for appellant.

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

Matthew T. Wulf, Debra J. Hall, and Cynthia J. Lamar on brief for Reinsurance Association of America, Amicus Curiae.

Before BOUDIN, Chief Judge, TORRUELLA and SELYA, Circuit Judges.

BOUDIN, Chief Judge.

This case is a companion to our decision today in Commercial Union Insurance Co. v. Swiss Reinsurance America Corp., 413 F.3d 121, No. 04-1709, 2005 WL 1503121 (1st Cir. 2005) Both involve reinsurance and the same reinsurer—Swiss Reinsurance America Corporation ("Swiss Re") and related cedents (the "cedent" being the insurance company that is reinsured). The cedent in No. 04-1709 is Commercial Union...

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