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Supreme Court Ruling in Integrity Is 'Absolute' for Reinsurers

By Dennis M. Reznick and Peter M. Dunne
June 27, 2008

In a ruling that affects both insurance and reinsurance companies as well as policy-holders of insolvent insurers subject to the New Jersey's Insurer Liquidation Act N.J.S.A. 17:30C-1 et seq. (the 'Act'), in its Dec. 13, 2007 opinion entitled In The Matter of The Liquidation of Integrity Insurance Company 193 N.J. 886, 935 A.2d 1184, ('In re Integrity'), the New Jersey Supreme Court, in a 3-2 decision in a case of first impression, definitively excluded contingent claims that are 'incurred but not reported' ('IBNR claims') from sharing in the distribution of assets of an insolvent insurer.

Background

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