604517/02, 5205A

93 A.D.3d 14 (2012)

939 N.Y.S.2d 307

2012 NY Slip Op 421

UNITED STATES FIDELITY & GUARANTY COMPANY et al., Respondents, v. AMERICAN RE-INSURANCE COMPANY et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 24, 2012.

Attorney(s) appearing for the Case

Wachtell, Lipton, Rosen & Katz, New York City ( Herbert M. Wachtell and Ben M. Germana of counsel), for American Re-Insurance Company, appellant.

Quinn Emanuel Urquhart & Sullivan, LLP, New York City ( Kathleen M. Sullivan , Michael B. Carlinsky , Jane M. Byrne and Sanford I. Weisburst of counsel), for Excess Casualty Reinsurance Association and OneBeacon America Insurance Company, appellants.

Boies, Schiller & Flexner, LLP, Albany ( George F. Carpinello and Benjamin I. Battles of counsel), for ACE Property & Casualty Company and Century Indemnity Company, appellants.

Simpson Thacher & Bartlett LLP, New York City ( Mary Kay Vyskocil , Chet A. Kronenberg and Seth A. Ribner of counsel), for respondents.

Freeborn & Peters LLP, Chicago, Illinois ( Kerry E. Slade , Joseph T. McCullogh IV and Robin E. Dusek of counsel), for Reinsurance Association of America, amicus curiae.

Chaffetz Lindsey LLP, New York City ( Peter R. Chaffetz and Andreas A. Frischknecht of counsel), for Complex Insurance Claims Litigation Association and Chartis Inc., amici curiae.

TOM, J.P., SAXE and FREEDMAN, JJ., concur with ACOSTA, J.; ABDUS-SALAAM, J., dissents in a separate opinion.



This case presents us with a reinsurance coverage dispute arising out of asbestos litigation which has spanned several decades and involved the state and federal courts of several jurisdictions.1 For the sake of brevity, we presume familiarity with the case, and provide a general overview of the facts directly relevant to this appeal.

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