Employers Reinsurance Co. v. Massachusetts Mutual Life Ins., No. 10-3099 (8th Cir. 2011)
Annotate this CaseThis case stemmed from an Excess Disability Income Reinsurance Agreement (Treaty). At issue was whether a reinsurance agreement between plaintiff and defendant contained a follow-the-settlements provision. The court held that there was no ambiguity in the Treaty and that it contained a follow-the-settlements provision. The court also held that the statute of limitations barred plaintiff's challenges to several claims submitted by defendant and defendant's conduct did not give rise to tolling under Connecticut law. The court further held that the district court properly granted summary judgment on defendant's counterclaims for breach of contract and for breach of the implied covenant of good faith and fair dealing.
Court Description: Civil case - Insurance. District court did not err in concluding the agreement in question had a "follow-the-settlements" provision; district court did not err in finding Connecticut's six-year limitations period barred plaintiff's challenges to claims submitted by defendant; nor did the court err in finding the statute had not been tolled; district court's grant of summary judgment on defendant's counterclaims affirmed.
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