GLOBAL REINS v. CENTURY INDEM

No. 124.

30 N.Y.3d 508 (2017)

91 N.E.3d 1186

69 N.Y.S.3d 207

2017 NY Slip Op 08711

GLOBAL REINSURANCE CORPORATION OF AMERICA, Successor in Interest to CONSTITUTION REINSURANCE CORPORATION, Respondent, v. CENTURY INDEMNITY COMPANY, Successor in Interest to CCI INSURANCE COMPANY, Successor in Interest to INSURANCE COMPANY OF NORTH AMERICA, Appellant.

Court of Appeals of New York.

Decided December 14, 2017.


Attorney(s) appearing for the Case

O'Melveny & Myers LLP, Washington, D.C. ( Jonathan D. Hacker , of the District of Columbia bar, admitted pro hac vice, of counsel), and New York City ( Anton Metlitsky and Jennifer B. Sokoler of counsel), and White and Williams LLP, Philadelphia, Pennsylvania ( Daryn E. Rush and Ellen K. Burrows , of the Pennsylvania bar, admitted pro hac vice, of counsel), for appellant.

Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Washington, D.C. ( David C. Frederick , Jeremy S. Newman and Amelia I. P. Frenkel , of the District of Columbia bar, admitted pro hac vice, of counsel, and Ariela Migdal of counsel), and Pitchford Law Group, LLC, New York City ( David L. Pitchford of counsel), for respondent.

Sidley Austin LLP, New York City ( James D. Arden of counsel) and Chicago, Illinois ( William Sneed and Daniel R. Thies of counsel), for Continental Casualty Company and others, amici curiae.

Chaffetz Lindsey LLP, New York City ( Steven C. Schwartz and Gretta L. Walters of counsel), for Aon Benfield U.S. and others, amici curiae.

Chief Judge DiFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA and WILSON concur.


OPINION OF THE COURT

The narrow issue before us pertains to the scope of our prior ruling in Excess Ins. Co. Ltd. v Factory Mut. Ins. Co. (3 N.Y.3d 577 [2004]). Pursuant to rule 500.27 of this Court (22 NYCRR 500.27), the United States Court...

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