Michael Wolgin

Michael Wolgin

Carlton Fields

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Court Upholds Prior Ruling That Unfiled Rates Charged Under Reinsurance Agreement Were Not Void

On July 21, 2016, we reported on a putative class action filed in a California U.S. district court by Shasta Linen Company against Applied Underwriters, Inc. and its affiliate entities, alleging that the “EquityComp” workers’...more

12/1/2016 - Insurance Industry Insurance Litigation Putative Class Actions Reinsurance Reinsurance Agreements

Third Circuit Reverses Order Denying Arbitration, Ruling That State Law Prohibiting Arbitration Of Insurance Matters Challenged...

Applied Underwriters Captive Risk Assurance Company appealed from the denial of its motion to compel arbitration in a dispute related to a reinsurance participation contract with South Jersey Sanitation Company. The trial...more

11/29/2016 - Appeals Arbitration Federal Arbitration Act Insurance Industry Insurance Litigation Mandatory Arbitration Clauses McCarran-Ferguson Act Motion to Compel Policy Terms Preemption Reinsurance

Ninth Circuit Affirms Order Compelling Arbitration Of Putative Class Action, Despite Litigation Forum Selection Clause In Related...

Two purported class representatives appealed an order compelling arbitration in their putative class action lawsuit against Amazon Services, LLC. The court affirmed, holding that the named plaintiffs agreed to Amazon’s...more

11/10/2016 - Appeals Arbitration Forum Selection Clause Motion to Compel Participation Agreements Putative Class Actions

Fifth Circuit Remands To Determine Whether Jurisdiction Existed For Appeal Of Denial Of Motion To Compel Arbitration

The underlying dispute involved allegations of breach of warranty and deceptive trade practices based on a sale of an allegedly defective car. The Fifth Circuit explained that the FAA, which governed the alleged arbitration...more

11/8/2016 - Arbitration Arbitration Agreements Breach of Warranty Contract Terms Federal Jurisdiction Motion to Compel Motor Vehicles Purchase Agreement Unfair or Deceptive Trade Practices

Potential Secondary Effects of Regulatory Examinations: Evidentiary Issues and Preclusion in Parallel Litigation

Increasingly aggressive and adversarial examinations by state regulators can expose insurers to troubling evidentiary issues in subsequent individual and class action litigation. Plaintiffs’ counsel may seek to admit into...more

10/25/2016 - Class Action Discovery Evidence Industry Examinations Information Reports Insurance Industry Insurance Litigation Litigation Strategies Regulatory Oversight

Second Circuit Upholds Refusal To Compel Arbitration Due To Unavailable Forum, Recognizing Split In Federal Circuits

A borrower had previously entered into three payday loan agreements that contained arbitration provisions mandating that all claims be arbitrated in the National Arbitration Forum (NAF), and under the Code of Procedure of the...more

10/20/2016 - Arbitration Banking Sector Borrowers Class Action Consumer Lenders Federal Arbitration Act Financial Institutions Mandatory Arbitration Clauses Motion to Compel Online Marketplace Lending Payday Loans

Order Compelling Arbitration Reversed Due To Failure To Determine The Existence And Scope Of Arbitration Agreement

The Ninth Circuit recently reversed a trial court for compelling arbitration without issuing an order that (1) made “the necessary factual findings as to the parties’ communications,” (2) determined “the law applicable to...more

9/27/2016 - Arbitration Arbitration Agreements Contract Terms Motion to Compel

Excalibur Reinsurance Corporation Placed Into Liquidation

Excalibur had been in run-off status since 2003, and under regulatory supervision since at least 2013. A Pennsylvania court has now placed Excalibur into liquidation based on three grounds: (1) insolvency – Excalibur’s...more

8/18/2016 - Insolvency Insurance Industry Liquidation Reinsurance Risk-Based Approaches

Final Judgment Entered And Notice Of Appeal Filed In Longstanding Reinsurance Dispute

In the ongoing reinsurance dispute between cedent Utica Mutual Insurance Company and reinsurer Clearwater Insurance Company, about which we most recently posted on February 9, 2016, two developments occurred on July 14, 2016....more

8/15/2016 - Appeals Final Judgment Insurance Industry Insurance Litigation Prejudgment Interest Reinsurance

Court Distinguishes Between Claims For Relief And Affirmative Defenses In Denying Rehearing Of Order Compelling Arbitration

On May 11, 2016 we reported on a dispute between certain captive insurance administrative service providers (Capstone) against various defendants concerning the rights to certain intellectual property related to a captive...more

7/27/2016 - Arbitration Captive Insurance Company Engagement Letters Insurance Industry Intellectual Property Litigation Intellectual Property Protection Petition For Rehearing

Court Confirms Arbitration Award In Chemical Transport Dispute Finding No Manifest Disregard Of The Law

ICC Chemical Corporation sued Nordic Tankers Trading A/S concerning a cancelled charter agreement. Per the agreement, Nordic was scheduled to have its vessel present at the port ready to be loaded with ICC’s chemical cargo....more

6/16/2016 - Arbitration Arbitration Awards Chemicals Inspections Manifest Disregard Motion to Vacate Ports Shipping Shipping Cargo Vessels

Court Denies Motion To Enforce Judgment And Grants Motion To Stay Pending Appeal In Contentious Arbitration Clause Dispute

We previously reported on the confirmation of three awards in a dispute between National Indemnity Company (“NICO”) and IRB Brasil Ressegurous S.A (“IRB”). In April, NICO submitted a motion for an award of its fees and costs...more

6/15/2016 - Arbitration Arbitration Awards Insurance Industry National Indemnity Company

Update On Covered Agreement Negotiations Between The U.S. And The European Union

As we previously reported in March 2016, the United States initiated discussions with the European Union to enter into a Covered Agreement addressing: (1) the equivalence of the U.S. insurance and reinsurance regulatory...more

6/14/2016 - Covered Agreement Dodd-Frank EU Insurance Industry Reinsurance Solvency II

Court Considers Defenses Under Both New York Convention And The FAA In Confirming Domestic Arbitration Award Against Foreign Party

Immersion Corporation, a U.S. company, had previously entered into a settlement with Sony, a Japanese company, regarding the latter’s alleged patent infringement. Subsequently, a dispute arose surrounding whether Sony was...more

6/13/2016 - Arbitration Federal Arbitration Act New York Convention Patent Infringement Patent Litigation Patents Settlement Agreements Sony

Reinsurance (E) Task Force Of The NAIC Meets In New Orleans

The minutes of the April 4, 2016 task force meeting included the following seven items of activity: - Adopted its Jan. 6, 2016 and Dec. 9, 2015 minutes (which were attached), which reflected the adoption of revisions to...more

5/26/2016 - Insurance Industry Meeting Minutes NAIC Reinsurance

Court Grants Motion Of Non-Signatory To Compel Arbitration Of Privacy Violation Claims Of Putative Class Of Verizon Customers

The class action was brought by Verizon subscribers against a “targeted advertising” company business partner of Verizon (Turn, Inc.) for deceptive trade practices under New York law. Plaintiffs alleged that Turn violated...more

5/5/2016 - Advertising Arbitration Class Action Cookies Motion to Compel Service Contracts Telecommunications Tracking Systems Unfair or Deceptive Trade Practices Verizon

Court Looks To Prior Related Reinsurance Litigation In Ruling That Reinsurer Must Post Pre-Pleading Security

We previously reported on reinsurance litigation in Connecticut federal court between Travelers Indemnity Co. and Excalibur Reinsurance Corp, which the parties settled in May 2014. See prior post dated July 31, 2014. A year...more

4/13/2016 - Insurance Industry Insurance Litigation Reinsurance Travelers Property Casualty Co.

Office Of Financial Research Issues Brief Analyzing Disclosures By Insurers Of 2014 Data Related To Captive Transactions

On March 17, 2016, the Office of Financial Research, an agency created by the Dodd-Frank Act of 2010 to analyze risk to the financial system, released a brief discussing “recent policy measures” by the NAIC “and the data that...more

4/11/2016 - Captive Insurance Company Insurance Industry Life Insurance NAIC Reporting Requirements

Maine Amends Rule Regarding Credit For Reinsurance

Effective January 24, 2016, Maine amended Bureau of Insurance Rule 740, Credit for Reinsurance, in order to implement the newly adopted provision of the Maine Credit-for-Reinsurance Act that allows reduced collateral for...more

3/2/2016 - Insurance Industry NAIC Reinsurance

State Statute Of Limitations For Recognition Of Foreign Judgments Held Not Preempted By FAA

National Aluminum Co., Ltd. (“NALCO”) prevailed in arbitration held in India against Peak Chemical Corp. in 2005. Ultimately, the award was affirmed on appeal by an Indian court in February 2012. When earlier this year, NALCO...more

1/4/2016 - Arbitration Arbitration Awards Federal Arbitration Act India International Arbitration Preemption Statute of Limitations

Court Lays Out Various Guidelines For Asserting Privilege In Insurance And Reinsurance Related Discovery

The court considered the various privilege assertions of both the insurers (plaintiffs) and the insureds (defendants) in a multi-insurer insurance litigation. In analyzing varying categories of documents, including subsets of...more

11/17/2015 - Attorney-Client Privilege Discovery Insurance Industry Insurance Litigation Reinsurance

Sixth Circuit Clarifies Prior Reversal Of An Order That Had Vacated Arbitration Award As A Manifest Disregard Of The Law

After an arbitrator ruled that indemnification agreements between an acquiring company and certain former directors and trustees of employee stock ownership plans, were void under ERISA, the district court vacated the...more

11/16/2015 - Arbitration Employee Benefits ERISA Indemnification Clauses Manifest Disregard

FINRA Panel Did Not Exceed Authority Or Manifestly Disregard Law By Failing To Award “Prevailing Party” Attorney’s Fees

A broker sought to vacate his FINRA compensatory damages award against a broker/dealer because the award did not include his attorney’s fees. The broker believed he was entitled to those fees as the “prevailing party” within...more

10/29/2015 - Attorney's Fees Broker-Dealer Brokers Compensatory Damages Financial Institutions Financial Markets FINRA

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