Northern Assurance Co. of America v. Payzant

Northern Assurance Company of America (Northern Assurance) challenges a Superior Court order allowing the motion of Nancy Jackson and Richard Payzant (col*224lectively, insureds) to vacate an arbitration award. The matter arises out of Northern Assurance’s denial of coverage under a yacht insurance policy, due to the insureds’ breach of the policy’s cooperation clause, and the Superior Court judge’s determination that the arbitrator’s decision in favor of Northern Assurance had violated public policy by impermissibly shifting to the insureds the burden to show prejudice from the breach. Because…