Insurance companies and their reinsurers continue to battle over whether the cost of defending underlying asbestos claims is covered by reinsurance. Obviously, this depends on the wording of the reinsured policies and the reinsurance contracts. Some insurance companies have battled with their reinsurers for years and reinsurers have turned to issue preclusion (collateral estoppel) as a means of dismissing the insurance company’s complaint. In a recent New York case, this effort failed, but the reinsurer prevailed on the main claim in any event.

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