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Employers Reinsurance Company v. Massachusetts Mutual Life Insurance Company

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Submitted: June 14, 2011

Before BYE and MELLOY, Circuit Judges, and ERICKSEN,*fn1 District Judge.

The primary issue in this appeal is whether a reinsurance agreement between Employers Reinsurance Company (“ERC”) and Massachusetts Mutual Life Insurance Company (“Mass Mutual”) contains a follow-the-settlements provision. Granting partial summary judgment in Mass Mutual’s favor, the district court*fn2 concluded that it does. The district court also concluded that ERC had breached the agreement by offsetting disputed damages. Later, the district court concluded that the statute of limitations barred most of ERC’s challenges that survived the conclusion regarding the follow-the-settlements provision. We affirm.

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