K. Renee Schimkat

K. Renee Schimkat

Carlton Fields Jorden Burt

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Is There Rhyme Or Reason To The Scope Of Permissible Reinsurance-Related Discovery?

Courts in numerous jurisdictions continue to consider whether reinsurance-related information is discoverable in insurance coverage litigation. Decisions go both ways. Some courts find that reinsurance information and...more

7/7/2015 - AIG ASIC Bad Faith Commercial Insurance Policies Discovery Insurance Industry National Union Reinsurance Travelers Property Casualty Co. Utica Mutual Insurance Co.

Service Of Suit Clause Waives Reinsurers’ Rights To Remove Case To Federal Court

A federal district court in New Hampshire has held that a service of suit clause contained in reinsurance contracts waives the reinsurers’ rights to remove a litigation brought against them in state court by the Insurance...more

7/1/2015 - Contract Terms Insurance Litigation Liquidation Reinsurance Removal

Court Confirms Reinsurance Arbitration Award Without Objection

A federal district court has entered judgment confirming an arbitration award entered in favor of Employers Insurance Company of Wausau against Continental Casualty. The dispute arose out of a certificate of casualty...more

6/12/2015 - Arbitration Arbitration Awards Insurance Industry Reinsurance

Discovery In Aid Of Foreign Litigation Denied In Arbitration Involving Expansion Of The Panama Canal

In a dispute involving the expansion of the Panama Canal, a federal district court has denied an application for an order pursuant to 28 U.S.C. § 1782 to obtain discovery in aid of foreign litigation. The controversy...more

6/10/2015 - Arbitration Chamber of Commerce Construction Project Discovery Management Agreements Panama

FIO Director Testifies On The Impact Of International Regulatory Standards On The Competitiveness Of U.S. Insurers

The Director of the Federal Insurance Office (FIO), Michael McRaith, recently testified before the House Financial Services Subcommittee on Housing and Insurance regarding the impact international regulatory standards have on...more

5/20/2015 - Australia BCRs Canada China Federal Insurance Office IAIS Insurance Industry Jurisdiction Mexico Regulatory Standards South Africa

U.S. Supreme Court To Hear Appeal On Enforceability Of Arbitration Agreements In California

The United States Supreme Court has granted DIRECTV’s petition for Writ of Certiorari and will hear the following question presented: Whether the California Court of Appeal erred by holding, in direct conflict with the Ninth...more

5/18/2015 - Appeals Arbitration Agreements AT&T Mobility v Concepcion Class Action DirecTV v Imburgia Federal Arbitration Act Petition for Writ of Certiorari SCOTUS

Discovery Of Reserve And Reinsurance Information Permitted In Coverage And Bad Faith Action Against Insurers

A federal district court in Colorado has denied motions for a protective order filed by the insurers in a coverage litigation where Cantex, a third-party assignee to claims against the insurers, asserts causes of action for...more

4/30/2015 - Assignees Bad Faith Breach of Contract Contract Interpretation Depositions Discovery Insurance Litigation Reinsurance

Court Affirms Arbitration Panel’s $14 Million Award In Favor Of Insured In Reinsurance Dispute Over Asbestos Claims

A federal district court has confirmed a $14 million arbitration award entered in favor of Amerisure against its reinsurer Everest. As we earlier reported, the court had previously denied the motion to seal briefing...more

4/28/2015 - Arbitration Arbitration Awards Asbestos Trust Claims Reinsurance

Court Directs Cedents To Indicate Whether They Will Continue To Argue Against The Finality Of An Arbiration Award To Preclude Its...

In a pending dispute in the Southern District of New York arising from a quota share contract of reinsurance between Employers Insurance of Wausau, as reinsurer, and Nutmeg Insurance and Twin City Fire, as cedents, Nutmeg and...more

4/10/2015 - Arbitration Arbitration Awards Contract Disputes Reinsurance

Trademarks in Cuba, Successful Whistleblowers, Big Data, Health Care Encryption, Jury Instruction Tips [Expect Focus – Vol. 1,...

IN THE SPOTLIGHT · Is your Company Ready to Comply with Encryption of Individually Identifiable Health Information? LIFE INSURANCE · STOLI Schemers Must Make Good on Damages Caused · At the State Level, Is a Fixed-Index...more


Nature Of Reinsurance Relationship Precludes Dismissal Of Negligence Claim Brought By Reinsurer Against Cedent

A federal district court has denied a cedent’s motion to dismiss a negligence claim brought against it by its reinsurer, Old Republic National Title Insurance. The dispute between Old Republic and First American Title arose...more

4/8/2015 - First American Title Insurance Co. Insurance Litigation Negligence Old Republic Title Reinsurance Title Insurance

Policy Language Aside, Insurer is Obligated to Pay in California

A California appellate court found that an insurer’s delay in resolving and denying a claim under a commercial property liability insurance policy excused the property owner from satisfying a condition precedent to coverage,...more

4/6/2015 - Appeals Commercial Insurance Policies Fireman's Fund Insurance Insurance Litigation Loss of Income Property Insurance

Insurer Not Required To Produce Coverage Memoranda Or Reinsurance Information In Discovery

A federal district court in New York has held that the attorney-client and work-product privileges apply to coverage memoranda sought by an insured from AIG Specialty Insurance in an ongoing coverage and bad faith litigation...more

3/19/2015 - AIG Attorney-Client Privilege Insurance Litigation Work Product Privilege

Court Affirms Reinsurance Arbitration Award But Directs Further Briefing On The Issue Of Sealing Documents

A federal district court in New York confirmed an arbitration panel’s final award, but directed the parties to brief the issue of whether the continued sealing of supporting documents, filed in connection with the petition to...more

3/16/2015 - Arbitration Arbitration Awards Insurers Reinsurance Sealed Records

Delaware Court Orders Bank To Turn Over $156 Million Of Reinsurer’s Assets To State Insurance Commissioner

The Delaware Court of Chancery has denied U.S. Bank, N.A.’s request for an order establishing its right to retain cash and securities valued at $156 million and maintained by Freestone Insurance Company, a reinsurer now in...more

2/27/2015 - Receiver's Fees Reinsurance US Bank National Association

Court Denies Motions To Compel Production Of Documents Unrelated To Reinsurance Policies At Issue In Action

The dispute continues between Utica Mutual and Clearwater Insurance in the Northern District of New York where the court recently denied, in large part, the parties’ respective motions to compel discovery of insurance and...more

2/25/2015 - Discovery Document Productions Insurance Litigation Reinsurance

Court Orders Production Of Reinsurance-Related Discovery

A federal district court has ordered Westchester Insurance to produce all files and documents in its possession evidencing any reinsurance agreements or related reinsurance communications that pertain to the insured’s policy...more

2/5/2015 - Discovery Document Productions Insurance Litigation Reinsurance

Insurance Guaranty Association Must Pay Workers’ Compensation Claims Of A Former, Non-Member Group Self-Insurer

The North Carolina Court of Appeals has held that the state’s Insurance Guaranty Association is obligated to pay for workers’ compensation claims made or incurred against CompTrust, a former group self-insurer that issued...more

2/3/2015 - Appeals Insurance Companies Insurance Litigation Mergers Self-Insurance Workers Compensation Awards

Expect Focus - Spot The Regulator, Volume IV, Fall 2014

In This Issue: - IN THE SPOTLIGHT ..Crisis Management: Five Steps to Take Before Providing That Comment - LIFE INSURANCE ..Third Circuit Limits ERISA Fiduciary Liability to those with Ultimate...more

1/16/2015 - Automotive Loans CFTC Class Action Consumer Complaint System Data Breach Divorce Driverless Cars FCC Healthcare HIPAA Insurance Industry Life Insurance Money Market Funds Mortgages NAIC Private Equity Funds STOLI Unsolicited Faxes

Fifth Circuit Dismisses For Lack Of Appellate Jurisdiction Appeal Of Order Compelling Arbitration

The Fifth Circuit Court of Appeals has dismissed, for lack of appellate jurisdiction, a district court order granting a motion to compel arbitration filed by Certain Underwriters of Lloyds of London and several other...more

1/15/2015 - Appeals Arbitration Insurance Industry Jurisdiction Motion to Compel

U.K. Court Approves Insurance Business Transfer Scheme

A court in the United Kingdom has approved the transfer of the entire long-term insurance business of Prudential Annuities Limited (PAL) to The Prudential Assurance Company Limited (PAC). The transfer’s purpose was to...more

1/13/2015 - Insurance Companies Long-Term Care UK

New York Law Governs STOLI Dispute In Texas

A Texas appellate court’s choice of law determination proved pivotal where a life insurer contested its duty to pay proceeds on the grounds that the policy was fraudulently acquired as part of a stranger-oriented life...more

1/6/2015 - Assignments Choice-of-Law Fraud Insurance Litigation Life Insurance STOLI

District Of Columbia Approves Amendments To Captive Insurance Company Act Of 2004

The Council and Mayor of the District of Columbia have approved enacting amendments to the Captive Insurance Company Act of 2004 to, in part, strike references to segregated accounts; clarify certain statutory requirements...more

12/29/2014 - Amended Regulation Captive Insurance Company Insurers

NAIC Approves Seven Foreign Countries As Qualified Jurisdictions For Reinsurance Collateral Reduction Requirements And Announces...

At its December 11, 2014 meeting, the National Association of Insurance Commissioners (NAIC) approved seven foreign countries as Qualified Jurisdictions so that reinsurers licensed and domiciled in those jurisdictions will be...more

12/23/2014 - Foreign Entities Jurisdiction NAIC Reinsurance

U.K. Tribunal Finds Broker Alliance Does Not Fall Within Vat Exemption For Insurance-Related Services By Brokers And Agents

An upper tribunal in the United Kingdom has dismissed an appeal brought by Westinsure, an alliance of brokers formed to provide introductions and improve the business terms of its members, where Westinsure argued its services...more

12/4/2014 - Insurance Brokers UK VAT

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