Leonor Lagomasino

Leonor Lagomasino

Carlton Fields Jorden Burt

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New York State Court Approves Confidentiality Agreement

A New York state court approved a stipulation entered into among the parties in a reinsurance dispute which set forth the terms and conditions upon which the parties agreed produce and exchange confidential and/or proprietary...more

9/11/2014 - Confidentiality Agreements Reinsurance Restrictive Covenants

Second Circuit Finds That Late Notice Bars Claims Against Reinsurer

The Court of Appeals for the Second Circuit affirmed a lower court’s ruling in favor of TIG Insurance Company, finding that AIU Insurance Company’s belated notice of claim to TIG under nine certificates of facultative...more

9/9/2014 - Appeals Insurers Late Notices Reinsurance Written Notice

New York Court Rejects Bid To Compel Arbitration Of Reinsurance Dispute

A New York federal district court denied Transatlantic Reinsurance Company’s petition to compel National Indemnity Company (“NICO”) to submit to arbitration. While the court’s order does not provide the basis for its ruling...more

8/15/2014 - Arbitration Motion to Compel Reinsurance

Cedent Wins Breach Of Contract Claim Against R & Q Reinsurance

A Wisconsin federal district court granted summary judgment in favor of plaintiff, Employers Insurance Company of Wausau, and against its reinsurer, R&Q Reinsurance Company, on Employers’ claim that R&Q breached its agreement...more

8/13/2014 - Breach of Contract Reinsurance Summary Judgment

Texas Supreme Court Vacates $26 Million Arbitration Award And Reverses Court Of Appeal’s Decision Imposing Requirement For...

Nearly ten years after arbitration proceedings commenced involving a claim arising from the purchase and sale of various insurance companies, the Texas Supreme Court vacated the $26 million arbitration award entered against...more

7/30/2014 - Acquisitions Arbitration Arbitration Agreements Arbitration Awards Arbitrator Selection Disputes Arbitrators Vacated

Federal District Court Upholds Foreign Reinsurer’s Right To Remove Action To Federal Court

The Court for the Middle District of Louisiana upheld a magistrate’s ruling denying a motion to remand filed by the Louisiana Commerce and Trade Association of Self Insurer’s Fund (“LCTA”), holding that the defendant foreign...more

7/28/2014 - Arbitration Popular Reinsurance Subject Matter Jurisdiction

Eleventh Circuit Affirms District Court’s Decision Allowing Discovery For Use In Foreign Proceeding

The Eleventh Circuit affirmed a decision permitting discovery for use in foreign proceedings which were contemplated but not yet pending. In this case, which arose from a billing dispute between Consorcio Ecuatoriano de...more

7/9/2014 - Discovery Foreign Commerce Trials

Florida Jury Rejects Foreign Insurer’s Claims

A Florida jury rejected all claims made by Instituto Nacional de Seguros (“INS”), a Costa Rican insurer, against two reinsurance brokers, Hemispheric Reinsurance Group, LLC and Howden Insurance Brokers, Ltd. As previously...more

7/9/2014 - Foreign Insurance Companies

Arbitration Round-Up – Existence Or Validity Of Agreement To Arbitrate

The following recent cases analyzed whether the parties entered into a valid agreement to arbitrate and under what circumstances a court may consider that issue. Dasher v. RBC Bank (U.S.A.), No. 13-10257 (11th Cir....more

6/12/2014 - Arbitration Arbitration Agreements Corporate Counsel Motion to Compel

Utah Issues Bulletin Regulating Surplus Lines Insurers And Producers

On May 15, 2014, the Utah Insurance Department and Surplus Line Association of Utah issued Bulletin 2014-5 to all surplus lines insurers and surplus lines producers/brokers informing them of the following changes by the Utah...more

6/10/2014 - Audits Legislative Agendas Surplus Lines Insurance

Court Quashes Subpoena Seeking Unissued Arbitration Award

After striking the affirmative defense of failure to mitigate, a court quashed a subpoena issued to an arbitrator seeking an unissued arbitration award in a dispute between certain defendants and their reinsurer....more

5/28/2014 - Arbitration Arbitration Awards Arbitrators Motions to Quash Subpoenas

Clause Where Party Demanding Arbitration Is Not A Party To Allegedly Terminated Reinsurance Agreement

A federal district court has taken under advisement plaintiff’s motion for injunction and defendant’s cross-motion to compel arbitration after conducting a hearing on the matter. The issue to be decided is whether CX can...more

5/27/2014 - Arbitration Arbitration Agreements Reinsurance

Court Construes Parties’ Agreement To Allow New York State Courts To Rule On Statute Of Limitations Defense

The issue confronting the court in In re ROM Reinsurance Management Co. v. Continental Insurance Company was whether the timeliness of a demand for arbitration was a determination for the Court or for the arbitrators. ...more

5/8/2014 - Arbitration Corporate Counsel Federal Arbitration Act Reinsurance Statute of Limitations

Parties Agree To Dismissal With Prejudice Of Reinsurance Dispute Pending In Illinois Federal Court

A dispute over two facultative reinsurance certificates pending in the United States District Court for the Northern District of Illinois was voluntarily dismissed on March 26, 2014. ...more

5/8/2014 - Facultative Certificates Reinsurance

Court Sanctions Party For Improper Removal Of Action Seeking Confirmation Of Arbitration Award

The facts in Jackson v. Sleek Audio, LLC, et. al., Case No. 13-80725-CIV-Marra (S.D. Fla. March 17, 2014) stemmed from an arbitrators award against Curtis Jackson (“Jackson”) in his action against former business associates,...more

4/16/2014 - Arbitration Awards Federal Arbitration Act Jurisdiction Sanctions Sleek Audio

Ninth Circuit Adopts Rebuttable Presumption That Order Which Does Not Explicitly Dismiss Arbitrable Claims Stays The Action As To...

Under the Federal Arbitration Act, only “a final decision with respect to an arbitration” is appealable. 9 U.S.C. §16(a)(3). The issue facing the Ninth Circuit was whether an order compelling arbitration which neither...more

4/14/2014 - Appeals Federal Arbitration Act Final Judgment

Federal Court Refuses To Dismiss Plaintiffs’ Putative Class Action In Captive Reinsurance Case

On their third attempt to state a claim for mortgage services fraud pursuant to the Real Estate Services Settlement and Procedures Act (“RESPA”), Plaintiffs in a putative class action overcame defendants’ motion to dismiss on...more

3/20/2014 - Captive Insurance Company Mortgages Reinsurance RESPA TILA

Service Of Suit Endorsement Deemed To Waive Insurer’s Right To Remove Action To Federal Court

A Missouri federal district court remanded a coverage action brought against Illinois Union Insurance Company (“Illinois Union”) by its insured, holding that the Policy’s Service of Suit Endorsement (“Endorsement”) waived...more

3/18/2014 - Federal Jurisdiction Jurisdiction Removal

Only Arbitrator, Not Federal Court, Can Determine Preclusive Effect Of Confirmed Arbitration Award

In a case of first impression in the First Circuit, Employers Insurance Company of Wausau and National Casualty Company (“Wausau”), two of three reinsurers under identical agreements with OneBeacon American Insurance Co....more

3/11/2014 - Arbitration Awards Insurance Companies Reinsurance

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