Arguing That Bellefonte Remains Good Law, Reinsurer Seeks 2nd Circuit Rehearing

Mealey's (January 13, 2022, 12:53 PM EST) -- NEW YORK — A reinsurer on Jan. 11 sought rehearing of a Second Circuit U.S. Court of Appeals decision it said was among the industry’s most anticipated in years, arguing that the panel “misapprehended the rationale” of longstanding precedents abandoned in the ruling requiring it to pay defense costs in excess of certificates’ liability limits based on follow-form clauses; alternatively, the reinsurer sought rehearing en banc, arguing that the decision is “the outlier disturbing decades of uniformity.”...