Seneca Insurance v. Everest Reinsurance Co.
Seneca Insurance v. Everest Reinsurance Co.
Opinion
SUMMARY ORDER
Seneca Insurance Company, Inc. (“Seneca”) appeals from the judgment of the United States District Court for the Southern District of New York (Forrest, J.), granting summary judgment in favor of defendant-appellee Everest Reinsurance Company (“Everest Re”). Seneca provided $5 million in liability insurance to the Kentucky Lottery Corporation (“KLC”), with a $5 million self-insured retention. When judgments were rendered against KLC in an action by two former employees, Seneca paid and in turn sought coverage from Everest Re, which denied coverage.
The district court ruled that the interest amounts included in the judgments entered against KLC were properly considered “interest on a judgment,” which under the reinsurance terms is not a covered loss. For that reason, the $5 million loss that triggers Everest Re’s obligation to pay had not been reached. We assume the parties’ familiarity with the underlying facts, the procedural history, and the issues presented for review.
“We review de novo an order granting summary judgment.” ReAmerica, S.A. v. Wells Fargo Bank Int'l, 577 F.3d 102, 105 (2d Cir. 2009). Upon such review, we find that the district court properly granted summary judgment to Everest Re.
For the reasons stated in the Decision and Order of the district court, and finding no merit in Seneca’s other arguments, we hereby AFFIRM the judgment of the district court.
Reference
- Full Case Name
- SENECA INSURANCE COMPANY, INC., Plaintiff-Appellant, v. EVEREST REINSURANCE COMPANY, Defendant-Appellee
- Status
- Unpublished