You are here: / / REINSURANCE POLICIES TO BE INTERPRETED USING STANDARD CONTRACT PRINCIPLES,...

REINSURANCE POLICIES TO BE INTERPRETED USING STANDARD CONTRACT PRINCIPLES, THERE IS NO PRESUMPTION OR RULE OF CONSTRUCTION CONCERNING WHETHER A COVERAGE CAP INCLUDES ONLY LOSS, OR INCLUDES BOTH LOSS AND LITIGATION COSTS (CT APP).

The Court of Appeals, in a full-fledged opinion by Judge Feinman, answered a question from the Second Circuit about how to interpret reinsurance policies. The Court of Appeals held that a 2004 decision by that court did not impose a presumption or rule of construction to be applied to reinsurance policies. Rather each reinsurance policy is to be interpreted using standard contract principles. The underlying issue in the case is whether the cap in a reinsurance policy was limited to the amount of loss, or whether the cap included litigation costs. The opinion includes a clear explanation of the two types of reinsurance policies (not summarized here):

​

… New York law does not impose either a rule, or a presumption, that a limitation on liability clause necessarily caps all obligations owed by a reinsurer, such as defense costs, without regard for the specific language employed therein. Global Reins. Corp. of Am. v Century Indem. Co., 2017 NY Slip Op 08711, CtApp 12-14-17

 

INSURANCE LAW (REINSURANCE POLICIES TO BE INTERPRETED USING STANDARD CONTRACT PRINCIPLES, THERE IS NO PRESUMPTION OR RULE OF CONSTRUCTION CONCERNING WHETHER A COVERAGE CAP INCLUDES ONLY LOSS, OR INCLUDES BOTH LOSS AND LITIGATION COSTS (CT APP))/REINSURANCE (REINSURANCE POLICIES TO BE INTERPRETED USING STANDARD CONTRACT PRINCIPLES, THERE IS NO PRESUMPTION OR RULE OF CONSTRUCTION CONCERNING WHETHER A COVERAGE CAP INCLUDES ONLY LOSS, OR INCLUDES BOTH LOSS AND LITIGATION COSTS (CT APP))

You might also like
TOWN PROPERLY DISSOLVED THE EXISTING FIRE PROTECTION DISTRICT AND CREATED TWO NEW FIRE PROTECTION DISTRICTS (CT APP).
THE LOCAL LAW CREATING THE POLICE ACCOUNTABILITY BOARD (PAB) WITH THE POWER TO DISCIPLINE POLICE OFFICERS CONFLICTED WITH THE POLICE UNION’S COLLECTIVE BARGAINING AGREEMENT (CBA); BECAUSE THE UNION NEVER AGREED TO THE TRANSFER OF DISCIPLINARY POWERS TO THE PAB, THE LOCAL LAW WAS INVALID (CT APP).
FOREIGN DEFENDANTS’ USE OF A NEW YORK CORRESPONDENT BANK ACCOUNT IN A SWISS BANK PROVIDED JURISDICTION OVER A LAWSUIT AGAINST THE BANK BY A SAUDI NATIONAL.
EXPANDABLE, METAL BATON IS A “BILLY” WITHIN THE MEANING OF THE PENAL LAW.
In Disability Discrimination Suits Brought Under the NYS and NYC Human Rights Law, to Prevail on Summary Judgment, the Employer Must Demonstrate It Engaged in a Good Faith Interactive Process to Consider a Proposed Accommodation
“Equitable Medical Monitoring” Cause of Action Rejected; Plaintiffs, Who Had No Signs of Cancer from Heavy Smoking, Were Not Entitled to Bring an Action to Cover the Costs of CT Scans to Periodically Check for Cancer
General Permit System by Which Smaller Communities Obtain Authorization to Discharge Stormwater Does Not Violate Federal or State Law
DEFENDANT’S SIGNING A WRITTEN WAIVER OF THE RIGHT TO AN INDICTMENT BY GRAND JURY MET CONSTITUTIONAL REQUIREMENTS, ALTHOUGH BETTER PRACTICE WOULD INCLUDE ELICITING DEFENDANT’S UNDERSTANDING OF THE RIGHT BEING WAIVED (CT APP).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

SECOND PURCHASER OF REAL PROPERTY DEMONSTRATED HE WAS A BONA FIDE PURCHASER... PARENTS’ MEDICAL MALPRACTICE ACTION FOR EXTRAORDINARY EXPENSES ASSOCIATED...