Anti-Suit Injunctions and Insurance Coverage

New York State Bar Association

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PUBLISHED ON: November 28, 2012

Anti-suit injunctions play an important, and perhaps increasing, role in determining the forum for dispute resolution in cases involving international parties. Such injunctive relief is prevalent in insurance coverage litigation as insurance companies, often based in the United Kingdom, insure corporations and risks throughout the globe.  This article examines the interplay between anti-suit injunctions and insurance coverage with a focus on the decision in Sul America Cia Nacional de Seguros S.A. v. Enesa Engenharia S.A. ("Enesa"), a recent ruling on this issue by the Court of Appeal in England.