Mar 10

Payne & Fears obtained a major victory in the Travelers insurance collection litigation in a decision released by the New Jersey Appellate Division on March 10, 2017. The appellate court completely reversed a 2015 trial court dismissal of claims by former shareholders of Clarendon Insurance Group in their attempt to collect a $92 million Bermuda judgment. The court rejected the insurers' arguments that the shareholders were bound by a default rescission judgment Travelers had obtained in Bermuda in an attempt to avoid paying the shareholders' own Bermuda judgment. The court then rejected the insurers' arguments that the case should be dismissed on forum non conveniens grounds, in deference to Bermuda. The decision carves a clear path for the firm's clients to collect under the judgment debtor's liability insurance program.

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