Hartford Fire Ins. Co. v. California, 509 U.S. 764, 14 (1993)

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Cite as: 509 U. S. 764 (1993)

Opinion of the Court

The Seventh Claim for Relief in the California Complaint, id., at 46-47 (¶¶ 141-145), and the closely similar Sixth Claim for Relief in the Connecticut Complaint, id., at 97-98 (¶¶ 140- 144), charge a group of domestic primary insurers, foreign reinsurers, and the ISO with conspiring to restrain trade in the markets for "excess" and "umbrella" insurance by drafting model forms and policy language for these types of insurance, which are not normally offered on a regulated basis. Id., at 33 (Cal. Complaint ¶ 101). The ISO Executive Committee eventually released standard language for both "occurrence" and "claims-made" umbrella and excess policies; that language included a retroactive date in the claims-made version, and an absolute pollution exclusion and a legal defense cost cap in both versions. Id., at 34 (Cal. Complaint

¶ 105).

Finally, the Eighth Claim for Relief in the California Complaint, id., at 47-49 (¶¶ 146-150), and its counterpart in the Fifth Claim for Relief in the Connecticut Complaint, id., at 95-97 (¶¶ 135-139), charge a group of London and domestic retrocessional reinsurers 5 with conspiring to withhold retrocessional reinsurance for North American seepage, pollution, and property contamination risks. Those retrocessional re-insurers signed, and have implemented, an agreement to use their " 'best endeavors' " to ensure that they would provide such reinsurance for North American risks " 'only . . . where the original business includes a seepage and pollution exclu-5 The California and Connecticut Complaints' Statements of Facts describe this conspiracy as involving "[s]pecialized reinsurers in London and the United States." App. 34 (¶ 106); id., at 87 (Conn. Complaint ¶ 110). The claims for relief, however, name only London reinsurers; they do not name any of the domestic defendants who are the petitioners in No. 91- 1111. See id., at 48 (¶ 147); id., at 96 (Conn. Complaint ¶ 136). Thus, we assume that the domestic reinsurers alleged to be involved in this conspiracy are among the "unnamed co-conspirators" mentioned in the complaints. See id., at 48 (Cal. Complaint ¶ 147); id., at 96 (Conn. Complaint

¶ 136).

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