Utica Mutual Urges N.Y. Federal Judge to Overturn $11 Million Verdict in Reinsurance Action

ALBANY, N.Y. — Utica Mutual Insurance Co. has asked a New York federal judge to overturn an $11 million verdict in its reinsurance dispute with Utica Mutual Insurance Co., arguing that the 2nd Circuit’s recent ruling that the phrase “occurrence not covered by” does not obligate the reinsurer to pay defense expense in addition to limits.

In filings before the U.S. District Court for the Northern District of New York, Clearwater adds that it was prejudiced by the jury instructions and verdict form, which “contained egregious misstatements of law concerning the duty of utmost good faith and the elements …