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UTICA MUTUAL INS. v. MUNICH REINSURANCE AMERICA

Nos. 19-1241; 19-4335 August Term 2020.

7 F.4th 50 (2021)

UTICA MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. MUNICH REINSURANCE AMERICA, INC., Defendant-Appellee. Utica Mutual Insurance Company, Plaintiff-Counter Defendant-Appellee, v. Century Indemnity Company, Defendant-Counter Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 29, 2021.

Attorney(s) appearing for the Case

SYED S. AHMAD , Hunton Andrews Kurth LLP, Washington, D.C. ( Patrick M. McDermott , Hunton Andrews Kurth LLP, Richmond, VA, on the brief) for Utica Mutual Insurance Company in 19-1241 & 19-4335.

BRUCE M. FRIEDMAN , Rubin, Fiorella, Friedman & Mercante LLP, New York, NY ( Alan J. Sorkowitz , Crystal D. Monahan , Jason Eson , on the brief) for Munich Reinsurance America, Inc. in 19-1241.

JONATHAN D. HACKER , O'Melveny & Meyers LLP, Washington, D.C. ( Tancred V. Schiavoni , Brad Elias , Ashley E. Robertson , on the brief) for Century Indemnity Company in 19-4335.

Before: JACOBS, RAGGI, CARNEY, Circuit Judges.

These interrelated reinsurance disputes, heard in tandem, arise from the 30-year insurance program of a manufacturer of products containing asbestos. Plaintiff Utica Mutual Insurance Company, having paid asbestos losses incurred by the manufacturer, sued to recover reinsurance from Defendants Munich Reinsurance America...

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