North River Insurance v. Philadelphia Reinsurance Corp.

OPINION

BASSLER, District Judge:

The plaintiff, The North River Insurance Co., [“North River”] and the defendant, CIGNA Reinsurance Co., [“CIGNA Re”] make cross motions for summary judgment under Fed.R.Civ.P. 56. For the following reasons, the Court grants CIGNA Re’s motion for summary judgment and denies North River’s summary judgment motion.

I. BACKGROUND

These summary judgment motions concern whether a reinsurer, CIGNA Re, must reimburse its reinsured, North River, for certain defense cost payments made in settling personal injury claims against the underlying insured, Owens-Corning Fiberglass…