Insurer Asserts Affirmative Defenses in Reinsurer’s N.Y. Declaratory Judgment Action
September 15, 2021
NEW YORK — An insurer has asserted several affirmative defenses in response to a reinsurer’s lawsuit demanding it defend a policyholder in an underlying personal injury action, arguing that the complaint fails to state a claim and that the policyholder failed to comply with the policy’s terms and conditions.
In a Sept. 10 answer filed in the U.S. District Court for the Southern District of New York, Philadelphia Indemnity Insurance Co. (PIIC) further contends that the issues are not ripe for adjudication and that the plaintiff, Technology Insurance Company Inc., does not have standing to bring the action.
Technology, reinsurer …