Tenth Circuit -- Brecek & Young Advisor, Inc. v. Lloyds of London Syndicate 200

Where insurance policy unambiguously considers actions related where they have any factual elements in common, two arbitrations referencing the same parties during the same time period are interrelated, even where the substance of the first arbitration would not put the plaintiff on notice of the charges in the second.

Under New York law, the defense that a matter is not outside coverage, as the insurer has heretofore defended claims based on it, is estoppel, not waiver.

In an estoppel claim based on the insurer's conduct of a second matter, the court should address the degree of detrimental reliance incurred by the first insured, so long as any detrimental reliance was possible.  [We're stating this one a bit freely.  Entertainment purposes only.  Eds.]

Brecek & Young Advisor, Inc. v. Lloyds of London Syndicate 200