Catherine Salinas Acree

Catherine Salinas Acree

Carlton Fields Jorden Burt

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Federal Court Remands Insurance Dispute To State Court Based On Waiver

A New York federal court remanded a reinsurance dispute to state court, based on the defendant’s waiver of its right to remove. Plaintiff R&Q Reinsurance Company (“R&Q”) brought an action against Allianz Insurance Company...more

4/16/2015 - Diversity Jurisdiction Indemnity Claim Insurance Litigation Reinsurance

Second Circuit Affirms Application Of Illinois Notice/Prejudice Rule In Reinsurance Row

Granite State Insurance Company (“Granite State”) brought an action against Clearwater Insurance Company (“Clearwater”) regarding a dispute over reinsurance claims Granite State made, and which Clearwater denied based on late...more

4/14/2015 - Appeals Asbestos Trust Claims Conflicts of Laws Insurance Litigation Late Notices Reinsurance

Third Circuit: Pennsylvania Law Preempted By The FAA

The Third Circuit recently ruled that a Pennsylvania statute prohibiting an unregistered businesses from maintaining any “action or proceeding” in any court in the state interferes with the enforcement of arbitration awards...more

3/25/2015 - Arbitration Federal Arbitration Act Preemption

Reinsurance Exclusion Bars Coverage For Bad Faith Lawsuit

A federal judge in North Carolina recently examined a reinsurance policy provision excluding loss “resulting from any claim for . . . any actual or alleged lack of good faith or unfair dealing in the handling of any claim or...more

3/24/2015 - Good Faith Insurance Industry Medical Malpractice Policy Exclusions Reinsurance

First Circuit Recognizes Uberrimae Fidei In Admiralty Context

The First Circuit recently examined, in the admiralty context, the doctrine of uberrimae fidei, a legal doctrine requiring that all parties to an insurance contract deal in good faith and fully disclose all material facts....more

3/6/2015 - Good Faith Insurance Litigation Material Disclosures

Third Circuit Evaluates The Definition Of “Materiality” In Rescission Claims

In a case on which we previously reported, the Third Circuit recently evaluated the legal standard for determining materiality in a claim for rescission of an insurance contract. The case involved a dispute between two...more

3/4/2015 - Breach of Contract Insurance Litigation Insurers Materiality Reinsurance Rescission

Second Circuit Refuses To Employ The All Writs Act To Enjoin A Second Arbitration Of The Same Claims

The Second Circuit recently affirmed a district court’s refusal to enjoin an arbitration proceeding under the All Writs Act. The parties to the dispute had been involved in a prior arbitration that resulted in an award...more

2/12/2015 - All Writs Act Appeals Arbitration Arbitration Awards

Southern District Of New York: “If You Want Strict Application Of The Law, Don’t Agree To Arbitration Clauses.”

A federal judge in the Southern District of New York recently denied a motion to vacate an arbitration award in a reinsurance dispute, scolding the movant for complaining that the arbitrators reached a compromise verdict. The...more

2/10/2015 - Arbitration Follow-the-Fortunes Clause Insurance Litigation Mandatory Arbitration Clauses Reimbursements Reinsurance

Illinois Court Issues Corrected Opinion On Expenses Being Included In Reinsurance Limit

As we previously reported, an Illinois appellate court recently concluded that the limit stated on certain reinsurance certificates applied to both indemnity expenses as well as defense expenses, relying on the often cited...more

1/23/2015 - Insurance Industry Policy Limits Reinsurance

California’s “Third Party Litigation Exception” Not Preempted By The FAA

A California appellate court recently examined that state’s legislative response to the situation where a party moves to compel arbitration and some of the parties to the dispute are not parties to the arbitration agreement....more

1/22/2015 - Appeals Arbitration Arbitration Agreements Contract Disputes Federal Arbitration Act Insurance Litigation Non-Signatories Preemption Reinsurance

Arbitration Award Roundup

Following is a roundup of recent opinions on motions concerning the confirmation, vacation, and modification of arbitration awards, organized by the issues presented in the motions...more

1/5/2015 - Arbitration Jurisdiction Public Policy

Federal Court Issues Subpoenas For Use In Foreign Arbitration

A federal judge in New Jersey recently granted an ex parte application for issuance of subpoenas for use in a London arbitration. The court’s basis for the ruling was 28 U.S.C.A. § 1782, the federal statute titled “Assistance...more

12/12/2014 - Arbitration International Arbitration Subpoenas Tribunals

Reinsurer’s Liability Capped At Amount Stated In Liability Clauses

In a case on which we previously reported on January 29, 2014, a federal court in New York recently ruled that a reinsurer was not required to pay amounts in excess of the sums stated in the Liability Clauses of two...more

12/10/2014 - Insurance Litigation Policy Limits Reinsurance

Court Refuses To Seal “Substantive Rulings” In Arbitration Award

A federal court in Michigan was recently presented with a motion to seal the briefing associated with a motion to confirm an arbitration award. The arbitration concerned a reinsurance dispute and had been conducted pursuant...more

11/18/2014 - Arbitration Awards Confidentiality Agreements Reinsurance Sealed Records

Southern Title Insurance Company Declared Insolvent And Ordered Liquidated

In July of this year, the State Corporation Commission of the Commonwealth of Virginia issued an Order declaring Southern Title Insurance Company insolvent and ordering its liquidation. Among other things, the Order...more

10/29/2014 - Insolvency Liquidation Reinsurance Title Insurance and Trust Company

Federal Court Refuses To Enforce Arbitrator’s Subpoena Duces Tecum To Non-Party

A United States district court in Louisiana recently dismissed a suit brought under the Federal Arbitration Act to enforce a subpoena duces tecum issued in an arbitration proceeding. The district court granted the defendant’s...more

10/28/2014 - Arbitration Arbitrators Dismissals Federal Arbitration Act Subpoenas

Federal Court Remands Action To Confirm Arbitration Award: No Subject Matter Jurisdiction

A federal court in California recently rejected efforts to remove a state court arbitration confirmation proceeding to federal court. The underlying royalties dispute had been addressed in an arbitration, and ultimately the...more

10/10/2014 - Arbitration Arbitration Awards Reinsurance

New York Federal Court Allows Attorney Disqualification Claim To Proceed

A New York federal court recently denied a motion to dismiss a claim filed by two reinsurers, Employers Insurance Company of Wausau and National Casualty Company. The claim sought a declaration disqualifying Hunton & Williams...more

10/6/2014 - Disqualification

Third Circuit: Federal Court Should Decide Whether An Arbitration Clause Authorizes Classwide Arbitration – Not The Arbitrator

The Third Circuit recently was presented with the question of whether, in the context of an otherwise silent contract, the availability of classwide arbitration is to be decided by a court rather than an arbitrator. The...more

9/18/2014 - Arbitration Arbitration Agreements Contract Interpretation Exempt-Employees FLSA Mandatory Arbitration Clauses Over-Time Putative Class Actions Reinsurance Unpaid Overtime Wage and Hour Wages

New Jersey’s “Direct Action Statute” Is Not A Bar To Judgment Creditor’s Coverage Action

A New Jersey appellate court recently addressed that state’s “direct action statute,” concluding that it did not prevent judgment creditors from pursuing a coverage action arising out of an LMX reinsurance spiral. The...more

9/16/2014 - Creditors Insolvency Insurers Judgment Creditors Negligence Professional Negligence Reinsurance Travelers

RESPA Class Action Alleging “Captive Reinsurance Scheme” Allowed To Proceed

A Pennsylvania federal court recently denied a motion to dismiss a putative class action lawsuit in which homeowners claim violations of the Real Estate Settlement Procedures Act of 1974 based on an alleged “captive...more

8/27/2014 - Captive Insurance Company Class Action Fraudulent Concealment Kickbacks Mortgage Insurance Putative Class Actions Reinsurance RESPA

Reinsurer’s Exposure Capped At The Certificate Limits: No Obligation To Pay Defense Expenses Above The Limits

A New York federal court recently was presented with a reinsurance dispute about the amount a reinsurer was required to pay under certain reinsurance Certificates. The issue was whether the reinsurer’s obligation was capped...more

8/26/2014 - Policy Limits Reimbursements Reinsurance

Ninth Circuit Finds Revisions To Arbitration Policy In Employee Handbook Effective And Enforceable

The Ninth Circuit recently reversed a district court’s denial of a motion to compel arbitration of an employee’s claims that were brought as a putative class action against her employer, Nordstrom. The basis for the motion to...more

8/6/2014 - Arbitration Arbitration Agreements Employee Handbooks Nordstrom Inc.

New York Federal Court Rules It Cannot Compel Arbitration In Georgia

A New York federal court recently was presented with a motion to compel arbitration in Georgia. The district court first concluded that the arbitration provision was enforceable and then proceeded to the question of whether...more

8/6/2014 - Arbitration Arbitration Agreements Jurisdiction Motion to Compel Venue

Tenth Circuit Affirms Denial Of Motion To Compel Arbitration Based On Unsigned Agreement

The Tenth Circuit recently affirmed a district court’s denial of a motion to compel arbitration in a securities fraud lawsuit brought by two investors in a company. The basis for the motion to compel was an arbitration...more

7/17/2014 - Arbitration Fraud Motion to Compel Operating Agreements Securities Securities Fraud

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