Simpson Thacher Argues Three Significant Insurance Appeals in the Second Circuit in One Week
01.12.17
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During the week of January 9, 2017, Simpson Thacher’s insurance litigators argued three appeals in the United States Court of Appeals for the Second Circuit.
On Monday, Bryce Friedman asked Judges Raggi, Chin and Lohier to affirm the judgment of the United States District Court for the Western District of New York (Skretny, J.) dismissing a “whistleblower” claim alleging violations of the United States’ False Claims Act by more than 25 insurance companies. The complaint alleged that the defendants engaged in a fraudulent scheme by which they knowingly and improperly avoided their obligations to reimburse hundreds of millions of dollars of conditional payments the Government made on behalf of Medicare beneficiaries. Bryce appeared for St. Paul Fire & Marine Insurance Companies and Travelers Casualty Insurance Company of America and argued on behalf of all defendants named in the case. Tyler Bernstein joined Bryce on the briefs in the case styled United States ex rel. Dr. Kent Takemoto v. Nationwide Mutual Insurance Company, et al.
On Tuesday, Lynn Neuner asked the same Judges to affirm the judgment of United States District Court for the Southern District of New York (Forrest, J.) declaring that Travelers owes no insurance coverage to Northrop Grumman for environmental clean-up costs relating to pollution at or emanating from Northrop Grumman’s facility in Bethpage, New York and the adjacent Bethpage Community Park. Mary Beth Forshaw and Summer Craig joined Lynn on the briefs in the case styled Travelers Indemnity Company, et al. v. Northrop Grumman Corp., et al.
On Thursday, Bryce Friedman argued as appellate counsel in the case styled Olin Corp. v. OneBeacon America Insurance Company. He asked Judges Hall, Livingston and Droney to overturn a post-trial judgment in excess of $84 million entered by the United States District Court for the Southern District of New York (Griesa, J.) against OneBeacon. On appeal is the proper interpretation of a “non-cumulation provision” in OneBeacon’s insurance contracts, a matter of significant industry interest. Summer Craig and Reena Mittelman joined Bryce on the briefs.