NewCap Insurance v. Employers Reinsurance Corp.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

This lawsuit arises from a reinsurance dispute between the reinsured, plaintiff NewCap Insurance Company (“NewCap”), and the reinsurer, defendant Employers Reinsurance Corporation (“ERC”). The matter is presently before the court on the parties’ cross-motions for summary judgment (Docs. 59 & 62). For the reasons explained below, the court will grant ERC’s motion and deny NewCap’s motion with respect to the issue of whether New-Cap breached the notice provision of the reinsurance agreement. The court will otherwise deny the parties’ motions because…