COURT OF APPEALS REVERSES DISMISSAL OF REINSURANCE CONTRACT DISPUTE
AXA Corporate Solutions sued Lumbermens Mutual for indemnity under bonds and other reinsurance agreements. After the district court dismissed the claims asserted in both the Amended Complaint and the Second Amended Complaint, the Second Circuit Court of Appeals reversed. The court of appeals found that dismisssal was inappropriate since the agreements were ambiguous as to whether they created a reinsurance obligation between the parties, and the scope of any reinsurance obligation. Such heavily fact dependent issues precluded dismissal. AXA Corporate Solutions Insurance Co. v. Lumbermens Mutual Casualty Co., Case No. 06-2923 (2d Cir. July 11, 2007).
