Reverse Judgment On Exhaustion Requirement, Reinsurer Urges 2nd Circuit

Mealey's (August 30, 2021, 10:35 AM EDT) -- NEW YORK — Seeking reversal of an asbestos billing judgment in an excess insurer’s favor that was based on a ruling that an exhaustion requirement was ambiguous, a reinsurer says in its Aug. 19 appellant brief before the Second Circuit U.S. Court of Appeals that the insurer has successfully argued in separate proceedings that the same language is unambiguous; the reinsurer also says the insurer should be judicially estopped from arguing that the language is ambiguous....