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LLR: Insurance & Reinsurance

THE NORTH RIVER INSURANCE COMPANY AND UNITED STATES FIRE INSURANCE COMPANY V ALLSTATE INSURANCE COMPANY 93 Civ 8828 (SS)

(1995) 4 Re LR 208

United States District Court Southern District of New York

Before District Judge Sonia Sotomayor

Arbitration - Asbestos claims - Dispute on meaning of “occurrence” - Panel majority in consolidated arbitration awarding in favour of reinsured - Award confirmed in state court - Further arbitrations on similar treaties covering different periods - Whether action by reinsured in federal court should be stayed - Full Faith and Credit Act - Whether doctrine of collateral estoppel barred reinsurer from seeking further arbitration of liability issue between parties where central issue in pending disputes was meaning of “occurrence” - Whether merits of reinsured’s collateral estoppel defense should be determined by arbitrators and not by court.

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