Costco Insurer Can't Recoup $8M Gender Bias Deal Payment

Law360 (March 25, 2019, 10:25 PM EDT) -- A Washington federal judge held Monday that Arrowood Indemnity Co. cannot recover a nearly $8 million payment it made toward Costco Wholesale Corp.'s settlement of a gender bias class action, but said more evidence is needed to determine whether the insurer must also pay the retail giant's costs in post-settlement arbitrations with class members.

Arrowood, which provided a third layer of excess insurance coverage to Costco, ultimately paid the majority of the settlement sum and an undisclosed amount of the retailer's $15 million-plus in arbitration costs but is now seeking reimbursement of those payments. Among other arguments, Arrowood contended that Costco...

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