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Cut Through Claims Against Reinsurers – Two Losses for Policyholders

Writer's picture: Kirk HartleyKirk Hartley

Reinsurance companies frequently sit "behind" insolvent primary insurers. When the primary carrier fails, some policyholders seek to sue the reinsurer directly in these ‘"cut through" suits. Courts usually but not always reject such "cut through" efforts. A brief, recent article by Robert DiUbaldo summarizes two recent federal district court opinions which rejected cut through claims.

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About Kirk

Since becoming a lawyer in 1983, Kirk’s 35+ years of practice have focused on advising a wide range of corporations, associations, and individuals (as both plaintiffs and defendants) on both tort and commercial law issues centered around “mass torts.”

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