United States Second Circuit

In plaintiff-beneficiary's claim against defendant-reinsurer of surety bonds, grant of defendant's motion to dismiss for failure to state a claim upon which relief may be granted is affirmed where: 1) plaintiff lacked contractual privity with the reinsurer; 2) no "cut through" provision existed granting the plaintiff a direct right of action against the reinsurer; 3) the reinsurance agreement was not assumption reinsurance; and 4) plaintiff could not bring forth a claim for tortious interference with contractual rights against the claims administrator because no contract existed between the parties.

Appellate Information

• Decided 02/04/2009
• Published 02/04/2009

Judges

Court

• United States Second Circuit

Counsel