Legal Opinion
Allstate Insurance v. American Home Assurance Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 12, 2007PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J.
In this declaratory judgment action, we are asked whether we must give deference under the “follow-the-fortunes” doctrine to an insurer’s reinsurance loss allocation on a one-occurrence-per-site basis that allowed the insurer to exceed the facultative reinsurance agreement’s1 $1 million-per-occurrence deductible with respect to four sites. In the underlying litigation between the insurer and its insured as to one of the sites, a United States District Court ruled that there were seven occurrences requiring the application of seven deductibles, and as to the…
2Cases cited5 opinions
- British International Insurance Company Limited v. Seguros La Republica, S.A.Court of Appeals for the Second Circuit · 2003
- Travelers Casualty & Surety Co. v. Certain Underwriters at Lloyd's of LondonNew York Court of Appeals · 2001
- Hartford Accident & Indemnity Co. v. Columbia Casualty Co.District Court, D. Connecticut · 2000
- Mercantile & General Reinsurance Co. v. Colonial Assurance Co.New York Supreme Court · 1989
- Affiliated F.M. Insurance v. Employers Reinsurance Corp.District Court, D. Rhode Island · 2005
3Cited by9 opinions
- Travelers Casualty & Surety Co. v. Insurance Co. of North AmericaCourt of Appeals for the Third Circuit · 2010
- Federal Insurance v. North American Specialty InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
- New Hampshire Insurance v. Clearwater InsuranceAppellate Division of the Supreme Court of the State of New York · 2015
- United States Fidelity & Guaranty Co. v. American Re-InsuranceAppellate Division of the Supreme Court of the State of New York · 2012
- American Home Assurance Co. v. Everest Reinsurance Co.Appellate Division of the Supreme Court of the State of New York · 2011
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