Panel Refuses To Rehear Ruling In Reimbursement Dispute Over ERISA Settlement

Mealey's (December 1, 2020, 12:50 PM EST) -- PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on Nov. 27 refused to reconsider a Sept. 14 reversal of a lower federal court’s grant of summary judgment in favor of a second excess insurer in its lawsuit alleging that a primary and first excess insurer’s payment of an uncovered claim arising from the insured’s settlement of alleged violations of the Employee Retirement Income Security Act improperly eroded their policies’ liability limits and prematurely triggered its excess coverage (Axis Reinsurance Co. v. Northrop Grumman Corporation, No. 19-55135, 9th Cir.)....