The Northern District of New York declined to reconsider a
September 2018 decision on competing motions for partial summary
judgment we
previously reported on in a long-running reinsurance dispute
related to asbestos liability exposure. Subsequent to the
court's decision, Century Indemnity Co. moved for
reconsideration of the court's denial of summary judgment on
its collateral estoppel defense and denial of its motion to dismiss
for lack of standing because the court allegedly overlooked
"controlling" evidence and decisions on these issues.
First, on the collateral estoppel claim, the court rejected
Century's argument that the court's September decision
improperly relied on a similar decision in a case involving Utica
because that decision was issued after the summary judgment
briefing was complete and the court cited the decision
"without the benefit of briefing" on the decision's
impact. The court explained the September decision merely
recognized the similar
