Federal Judge Agrees With Insured’s Interpretation Of Policy’s Noncumulation Clause
Mealey's (September 29, 2016, 12:59 PM EDT) -- BRIDGEPORT, Conn. — A Connecticut federal judge on Sept. 26 granted an insured’s motion for summary judgment in an asbestos liability coverage suit after determining that an excess insurer cannot use its policy’s prior insurance and noncumulation of liability clause to reduce any amount of any payments made to the insured for the underlying liabilities (New England Reinsurance Corp. v. Ferguson Enterprises Inc., et al., No. 12-948, D. Conn.; 2016 U.S. Dist. LEXIS 132863).
(Opinion available. Document #03-161005-004Z.)
New England Reinsurance Corp. filed suit in the...