Illinois appeals court revives asbestos reinsurance dispute - Business Insurance

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Illinois appeals court revives asbestos reinsurance dispute - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Illinois appeals court revives asbestos reinsurance dispute by Gavin Souter Agents and Brokers , Asbestos & Environmental , Coverage Disputes , Reinsurance European Union CNA Mar 12, 2026 An Illinois appeals court has reopened a dispute over reinsurance related to asbestos liabilities, ruling that there are still questions about whether a Finnish insurer agreed to reinsure policies issued by Continental Insurance, a unit of CNA, covering a U.S. valve manufacturer. In Pohjola Insurance Ltd. v. The Continental Insurance Co. , the Illinois Appellate Court on Tuesday reversed a Cook County circuit court ruling that had granted summary judgment to Helsinki, Finland-based Pohjola. The appeals court ruled that although a completed 40-year-old policy was not available, there was sufficient evidence to determine whether a reinsurance agreement existed. The dispute arises from general liability policies that Continental issued in 1986 and 1987 to Neles, a U.S. subsidiary of Finland-based Metso, which later faced asbestos bodily injury claims. Continental argues that the risk was fully transferred to Pohjola through a reinsurance agreement linked to the multinational insurance program covering Metso and its subsidiaries. Under that structure, Pohjola directly insured Metso in Finland while subsidiaries operating abroad obtained coverage from local insurers, which then reinsured 100% of the risk back to Pohjola. Continental says it acted as the local fronting insurer for the U.S. subsidiary and later sought reimbursement from Pohjola for a share of asbestos defense costs. Continental notified Pohjola of the claims in 2021 and sent an initial reinsurance bill for over $1.8 million related to defense costs under the policies, which Pohjola disputed. The trial court had ruled that Continental failed to prove Pohjola agreed to the reinsurance because the underwriting documents — such as an unsigned reinsurance certificate and internal correspondence and worksheets referencing “100% reinsurance” — did not establish a binding agreement. The appellate court disagreed, finding “reasonable minds” could reach different conclusions about whether the parties actually entered into a reinsurance agreement. The case was remanded for further proceedings. 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