Legal Opinion

Commercial Union Insurance v. Swiss Reinsurance America Corp.

Court of Appeals for the First Circuit

Decided June 27, 2005No. 04-1709PublishedCited by 9 opinions

1Opinion of the Court

BOUDIN, Chief Judge.

This is a dispute between an insurance company — Commercial Union Insurance Company (“Commercial Union”) — -and one of its reinsurers, Swiss Reinsurance America Corporation (“Swiss Re”). The principal issue is whether, under several three-year reinsurance policies, Swiss Re was protected by a single per-occurrence limit on its liability for the three-year policy period or whether the limit applies separately for each policy year, thereby enlarging Swiss Re’s total exposure.

The background events involve three different tiers of insurance, coverage periods that do not…

2Cases cited26 opinions

  1. North River Insurance Company v. Cigna Reinsurance CompanyCourt of Appeals for the Third Circuit · 1995
  2. Sutton v. East River Savings BankNew York Court of Appeals · 1982
  3. Owens-Illinois, Inc. v. United InsuranceSupreme Court of New Jersey · 1994
  4. Lumbermens Mutual Casualty Co. v. Offices Unlimited, Inc.Massachusetts Supreme Judicial Court · 1995
  5. Unigard Security Insurance Company, Inc., Successor to Unigard Mutual Insurance Company, Inc. v. North River Insurance CompanyCourt of Appeals for the Second Circuit · 1993

21 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Travelers Casualty & Surety Co. v. Insurance Co. of North AmericaCourt of Appeals for the Third Circuit · 2010
  2. Union Carbide Corp. v. Affiliated FM InsuranceNew York Court of Appeals · 2011
  3. American Employers' Insurance Company v. Swiss Reinsurance America CorporationCourt of Appeals for the First Circuit · 2005
  4. Union Carbide Corp. v. Affiliated FM InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
  5. Continental Casualty Co. v. Employers Insurance Co. of WausauNew York Supreme Court · 2007

4 more not listed; retrieve them via the Exa API.

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