Firm Secures Dismissal Of Claims Against National Indemnity and Resolute
10.30.14
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On October 28, 2014, New York's Appellate Division, First Department, unanimously held that Colgate-Palmolive Company's claims against Simpson Thacher clients National Indemnity Company and Resolute Management, Inc. must be dismissed, reversing a lower court ruling.
This action was commenced by OneBeacon America Insurance Company as a dispute with its policyholder, Colgate, under certain insurance contracts to which only OneBeacon and Colgate are parties. National Indemnity and Resolute are OneBeacon’s reinsurer and/or claims agent. Colgate counterclaimed against OneBeacon and joined National Indemnity and Resolute as counterclaim defendants.
The Appellate Division held that Colgate’s contract-based counterclaims against National Indemnity must be dismissed because Colgate lacks contractual privity with National Indemnity. As to Resolute, the Appellate Division held that Colgate’s counterclaims for tortious interference failed because Resolute acted as OneBeacon’s agent. The Appellate Division further held that Colgate failed to state a cause of action against Resolute under a Massachusetts Consumer Protection statute.
The Simpson Thacher team representing National Indemnity and Resolute includes Bryce Friedman, Mary Beth Forshaw, Summer Craig, and Michael Garvey, who argued the appeal before the First Department.