Amerisure Says it is Not Barred from Litigating Defense Costs Issue in Reinsurance Case

DETROIT — Amerisure Mutual Insurance Co. says it is not collaterally estopped from litigating against Swiss Reinsurance Corp. in Michigan federal court to recoup sums Amerisure spent to defend asbestos claims filed against its insured, Armstrong Industries.

In a Feb. 13 response filed before Judge Mark Goldsmith of the U.S. District Court for the Eastern District of Michigan, Amerisure says in its previous arbitration with Allstate involving the same umbrella policies at issue in the instant case, it was not given a full and fair opportunity to litigate the issue of whether it owes defense costs outside limits.

Amerisure further …

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