Swiss Re Denied Judgment on the Pleadings in Mich. Federal Reinsurance Battle

DETROIT — A Michigan federal judge has denied Swiss Reinsurance Co.’s motion for judgment on the pleadings in a dispute over reinsurance coverage for defense costs Amerisure Mutual Insurance Co. incurred in defending asbestos claims filed against its insured, Armstrong Industries.

In a July 19 order, Judge Mark A. Goldsmith of the U.S. District Court for the Eastern District of Michigan said the parties should “proceed to a motion for summary judgment in which they can incorporate whatever evidence they believe is pertinent to the collateral estoppel and judicial estoppel arguments.”

“Indeed, in its motion to compel, Swiss Re …