Panel:  Claims In ERISA Class Actions Are Related; Excess Insurer Owes Defense

(April 23, 2020, 2:28 PM EDT) -- PHILADELPHIA — The Third Circuit U.S. Court of Appeals on April 22 affirmed a lower federal court’s finding that a second-tier excess insurer under a 2006 tower of insurance has a duty to defend claims that a defense contractor insured breached its fiduciary duty under the Employee Retirement Income Security Act (ERISA), finding that each of the wrongful acts alleged in one class action related “both causally and logically” to the wrongful acts asserted in a class action that was filed 10 years prior (Northrop Grumman Corporation v. Axis Reinsurance Company, et al., No. 19-1949, 3rd Cir., 2020 U.S. App. LEXIS 12903)....

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