Leonor Lagomasino

Leonor Lagomasino

Carlton Fields Jorden Burt

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Court Affirms Reinsurance Arbitration Award In Favor Of First State Inurance Company And New England Reinsurance Corporation

Phased arbitration proceedings involving First State Insurance Company and New England Reinsuance Corporation against Nationwide Mutual Insurance Company addressed claims arising under numerous reinsurance agreements between...more

4/9/2015 - Arbitration Insurance Companies Insurance Litigation Reinsurance

Court Finds In Favor Of Harbinger On $50 Million Claim Involving Purchase Of Old Mutual Financial Life Insurance Company

In a lengthy opinion detailing extensive findings of fact and law, a New York federal district court entered its order in favor of Harbinger F&G, LLC and against OM Group (UK) Limited in an action stemming from claims arising...more

4/7/2015 - Insurance Industry Stock Purchase Agreement

Reinsurer Placed Under Order Of Rehabilitation

An Illinois circuit court entered an agreed order of rehabilitation against a reinsurer, Millers Classified Insurance Company, following a complaint for rehabilitation filed by the Illinois Department of Insurance. Millers...more

3/20/2015 - Insolvency Insurance Industry Reinsurance

Court Allows Putative Class Action To Proceed With Discovery Regarding Equitable Tolling Of RESPA Violations

M&T Bank Corporation, M&T Bank, and M&T Mortgage Reinsurance Company unsuccessfully sought to stay all discovery in a suit brought against it in a putative class action involving allegations that M&T violated the federal Real...more

3/18/2015 - Equitable Tolling Mortgage Insurance Putative Class Actions RESPA

Reinsurer Found Prejudiced By Disadvantageous Commutations Resulting From Ceding Insurer’s Late Notice

A legal dispute stemmed from Utica Mutual Insurance Company’s late notice of claim to Fireman’s Fund Insurance Company, Utica’s reinsurer. Although the parties’ facultative reinsurance certificate required Utica to provide...more

2/27/2015 - Bad Faith Fireman's Fund Insurance Insurance Industry Late Notices Occurrence Reinsurance

Reinsurance-Related Dispute Stayed Pending Arbitration Despite Later Executed Settlement Agreement

Steadfast Insurance Company entered into a settlement agreement with its insured, Barton Malow Enterprises after agreeing to pay $15 million on Barton’s claim. The settlement included a complete release of all claims by...more

2/26/2015 - Arbitration Insurance Litigation Reinsurance Settlement Agreements

Utah Federal Court Stays Proceedings Under Miller Act Pending Arbitration

The core issue facing a federal court in Utah was whether it should stay the proceedings pending resolution of related arbitration proceedings involving sureties which issued payment bonds under the Miller Act. A dispute...more

2/6/2015 - Arbitration Construction Disputes Construction Industry Construction Project Miller Act Payment Bonds

Florida Court Awards Over $3 Million In Attorneys’ Fees And Costs In Favor Of Prevailing Reinsurance Brokers

Following the rejection by a Florida jury of all claims made by Instituto Nacional de Seguros (as we reported on July 9, 2014), a Costa Rican insurer, against two reinsurance brokers, Hemispheric Reinsurance Group and Howden...more

2/4/2015 - Attorney's Fees Insurance Litigation

California Court Issues Mixed Ruling On Cross-Motions In Suit Seeking Policy Rescission

A California federal district court granted in part and denied in part various motions involving Star Insurance’s action seeking to rescind an insurance policy based upon certain alleged material misrepresentations concerning...more

1/16/2015 - Insurance Litigation Material Misstatements Rescission

Court Approves $7 Million Settlement Agreement With Reinsurer In Reliance Insurance Company’s Liquidation

A Pennsylvania court overseeing Reliance Insurance Company’s liquidation proceedings approved the settlement agreement between Reliance and XL Reinsurance Company. The agreement allowed the liquidator to terminate and commute...more

1/14/2015 - Judicial Settlement Agreements Liquidation Reinsurance Reliance Standard Life Insurance

First Circuit Concludes Plaintiff’s Delay Waived Arbitration Clause

Joca-Roca Real Estate, LLC sued Robert T. Brennan asserting claims of fraud and breach of contract arising out of an agreement between the two parties which contained an arbitration clause. Although Brennan raised the failure...more

12/29/2014 - Affirmative Defenses Arbitration Breach of Contract Fraud Motion To Stay

California Federal District Court Compels Arbitration In Reinsurance Dispute

Randazzo Enterprises sued its reinsurer, Applied Underwriters Captive Risk Assurance Company, Inc. in California federal court over Applied’s calculation of premiums of the reinsurance agreement entered between them. Invoking...more

12/23/2014 - Arbitration Insurance Litigation Reinsurance

Court Rejects Claims Of Attorney Client And Work Product Privilege In Communications Between Insurer And Reinsurer

An Iowa federal district court addressed the alleged privileged relationship between an insurer and its reinsurer in the context of two discovery requests involving communications between Progressive Casualty Insurance...more

12/5/2014

Delaware Supreme Court Reverses Lower Court And Affirms Arbitrator’s Award

Reversing the Court of Chancery’s ruling vacating an arbitration award, the Delaware Supreme Court held in SPX Corporation v. Garda USA, Inc. that the arbitrator’s decision should have been affirmed because the arbitrator’s...more

12/3/2014 - Arbitration Arbitration Awards Corporate Sales Transactions Federal Arbitration Act Purchase Price Stock Purchase Agreement

United States Tax Court Rules On Captive Insurance Arrangement

In 2003 and 2004, the Internal Revenue Service disallowed deductions taken by SHI Group, a subsidiary of the Swedish company Securitas AB, for insurance expenses related to a captive insurance arrangement established by...more

11/13/2014 - Captive Insurance Company IRS Self-Insurance

New York Appellate Court Dismisses Claims Against Reinsurer And Its Claims Administrator

In what began as a dispute between OneBeacon America Insurance Company and its insured, Colgate, over OneBeacon’s asserted right to control the defense of claims against Colgate in connection with numerous personal injury...more

11/11/2014 - Breach of Contract Claims Adjusters Conflicts of Interest Insurers Reinsurance

Ohio Department Of Insurance Identifies Requirements For Domestic Insurers To Take Credit For Ceded Insurance On Financial...

The Ohio Department of Insurance requires that Ohio domestic insurance companies taking credit for ceded insurance on their financial statements to comply with certain statutory conditions, including requiring that the...more

10/23/2014 - Insurers Reinsurance

Second Circuit Refuses To Hear Appeal By Underwriter Against Reinsurer

The Second Circuit refused to hear an appeal in an action brought by Acumen Re Management Corporation, an underwriter, against a reinsurer, General Security National Insurance Company. The crux of the action was Acumen’s...more

10/20/2014 - Federal Rules of Civil Procedure Reinsurance Underwriting

Arbitration Clause Found Unenforceable In Service Contract Action

Reversing the lower court, the Supreme Court of New Jersey found an arbitration provision in a service contract was unenforceable because it failed to notify the consumer clearly and unambiguously that, by entering into the...more

10/3/2014 - Arbitration Service Contracts Written Notice

Reinsurer Not Allowed To Intervene In Action Involving Cedent’s Risk

The United States District Court for the Southern District of New York denied a reinsurer’s motion to intervene in an interpleader action in which Battenkill Insurance Company argued it had an 85% interest in the funds at...more

10/1/2014 - Interpleaders Mortgage-Backed Securities Motion To Intervene Reinsurance Trusts

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

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