Hartford Underwriters Insurance v. Hanover Insurance

Plaintiff-Appellant Hartford Underwriters Insurance Company (“Hartford”) appeals from an August 11, 2015 decision of the United States District Court for the Southern District of New York granting a motion to dismiss by Defendant-Appellee Hanover Insurance Company (“Hanover”) and denying, Hartford’s cross-motion for summary judgment. The dispute turns on the interpretation of language within the insurance contracts at issue. The sole question is whether Hanover’s policy is excess to and thus does not contribute with Hartford’s.1

As the District Court observed, “[i]t is undisputed that the…