Employers Reinsurance Corporation v. Massachusetts Mutual Life
(W.D.MO, June 16, 2010)
In a dispute of reinsurance coverage, a reinsurer filed a breach of contract action against its reinsured for allegedly mishandling a large number of claims covered under their agreement.Specifically, the reinsurer sought a declaration that it had no obligation to follow the reinsured’s settlement actions.After the court granted judgment in favor of the reinsured on this issue and an issue regarding the applicable statute of limitations, the reinsurer filed an application to certify the “follow the settlements” and statute of limitations issues for an immediate interlocutory appeal.Finding that certification of the follow the settlements issue had previously been requested and denied, the court once again denied the application on that issue.The court further denied certification of the statute of limitations issue, holding that it is not a purely abstract legal question as required for an interlocutory certification.
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Bryan Richmond and Michael Glascott