Insurer Liability Lessons From Navistar Litigation

Law360, New York (May 3, 2012, 4:02 PM EDT) -- On Feb. 29, 2012, Judge Rita Novak, of the Circuit Court of Cook County, Ill., issued a ruling of major significance granting the motion to dismiss filed by Cozen O’Connor LLP on behalf of its clients and holding that a policyholder could not hold a reinsurer or third-party claims administrators liable for allegedly assuming the direct insurer’s insuring obligations or tortious interference.

Navistar Inc. filed a declaratory judgment action against 10 primary and excess-level insurers seeking to recover losses allegedly incurred by thousands of plaintiffs who...
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