Michael Wolgin

Michael Wolgin

Carlton Fields Jorden Burt

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Court Compels Discovery Of Reinsurance And Other Insurance Documentation From Insurer In Garnishment Proceedings

The judgment was entered in a class action by plaintiffs who lost their tuition payments for computer training programs at schools that abruptly closed in 2009. In attempting to collect on the judgment, plaintiffs served...more

2/19/2015 - Class Action Commercial Bankruptcy Document Requests Insurance Litigation Insurers Reinsurance Subpoenas Tuition

Third Circuit Reverses Equitable Estoppel Ruling Compelling Arbitration Against Non-Signatory Insurer

The trial court had granted the motion to compel arbitration of Flintkote Company against one of its asbestos liability insurers, Aviva PLC, despite the fact that Aviva was a non-signatory to the subject Alternative Dispute...more

2/17/2015 - Arbitration Equitable Estoppel Insurance Companies Insurance Litigation Non-Signatories Reversal

Reinsurer Obtains Award Of Attorney’s Fees Against Cedent That Failed To Timely Produce Electronically Stored Information

This case was brought by the cedent, Michigan Millers Mutual Insurance Co., seeking indemnity and expense payments arising from various underlying lawsuits, under a Casualty Excess Reinsurance Agreement. A discovery dispute...more

1/29/2015 - Attorney's Fees Discovery Electronically Stored Information Insurance Litigation Reinsurance

FIO Issues Report On Global Reinsurance Market And Its Importance To The U.S. Insurance Industry

On December 31, 2014, the Federal Insurance Office (FIO) issued a report entitled “The Breadth and Scope of the Global Reinsurance Market and the Critical Role Such Market Plays in Supporting Insurance in the United States.” ...more

1/27/2015 - Federal Insurance Office Global Market Information Reports Insurance Industry Reinsurance

Second Arbitration Compelled On Reinsurance Claims Made Under Treaty Previously Construed In Prior Arbitration Award

In a complicated web of proceedings, the initial dispute involved whether the reinsurer, Nationwide Mutual Insurance Co., was permitted to condition payment of reinsurance claims on receiving access to the claim records of...more

1/6/2015 - Arbitration Arbitration Awards Insurance Litigation Nationwide Insurance Co. Reinsurance

Fourth Circuit Affirms Order Dismissing Case To Permit Arbitration Against Non-Signatory To Arbitration Agreement

An arbitration agreement was contained in a retail installment contract. The Fourth Circuit affirmed the lower court’s dismissal of the case pending arbitration against a non-signatory to the arbitration agreement on two...more

1/2/2015 - Arbitration Arbitration Agreements Contract Disputes Internet Retailers Non-Signatories Retail Installment Sales Contracts Retailers

NLRB Reaffirms Its D.R. Horton Decision, Ruling That Employment Agreements Requiring Individual Arbitration Are Unlawful

On February 16, 2012, we reported on the National Labor Relations Board’s D.R. Horton decision, which ruled that arbitration agreements that are signed as a condition of employment and preclude employees from bringing joint,...more

12/17/2014 - Class Action Class Action Arbitration Waivers D.R. Horton v NLRB Employer Liability Issues Employment Contract NLRB

Court Confirms Award Over Arguments Of “Manifest Disregard,” “Evident Partiality,” And “Corruption”

A transported liquid chemical had been found degraded after shipping from Texas to South Korea. The chemical company contended that the shipper was responsible for the losses as samples taken from the chemical prior to its...more

11/26/2014 - Arbitration Chemicals Shipping

Cedent Loses Motion For Reinsurance Payments Due To Late Notice And “Unsatisfactory” Proof Of Loss, Notwithstanding “Follow The...

In a reinsurance coverage dispute involving coverage for an underlying settlement of asbestos liability, a New York court considered whether the defenses of failure to provide prompt notice and failure to provide satisfactory...more

11/25/2014 - Asbestos Asbestos Litigation Insurers Late Notices Proof of Loss Reinsurance

Arbitration Denied In Mortgage Life Insurance Dispute Where Neither Note Nor Policy Referenced Arbitration Agreement

A court refused to compel arbitration in a dispute surrounding the cancellation of and failure to pay life insurance benefits under a debtor group life insurance policy. The relevant note and insurance policy did not contain...more

11/5/2014 - Arbitration Life Insurance Mortgages Motion to Compel

Second Circuit Affirms Orders Enjoining Arbitration, Holding Broad Forum Selection Clause Supersedes FINRA Arbitration Rule

The Second Circuit affirmed two cases in which financial services firms had succeeded in enjoining FINRA arbitrations that were initiated against them by public financing entities. The court held that in each case, the FINRA...more

11/4/2014 - Arbitration Broker-Dealer FINRA Forum Selection Clause Goldman Sachs

Under FAA, Chicago Court Refuses To Determine Whether Claims Should Be Part Of Pending New York Arbitration

A dispute involving competing actions between two competing aeroponic farming companies, FarmedHere, LLC and Just Greens, LLC (doing business as Aero Farm Systems), was simultaneously at issue in a New York arbitration, a New...more

10/15/2014 - Arbitration Arbitration Agreements Federal Arbitration Act Mandatory Arbitration Clauses

Denial Of Arbitration Reversed Where Trial Court Failed To Hold Trial To Resolve Disputed Questions Of Fact

The Eighth Circuit reversed a trial court’s decision to deny arbitration, based on the fact that the lower court failed to hold a trial (as required by the FAA) when disputed questions of fact surrounding the parties’...more

9/25/2014 - Arbitration Contract Disputes Indemnification Manufacturers Reversal

Arbitration Denied In Class Action Where Plaintiff’s Trust Was A Party To Arbitration Agreement, But Plaintiff Was Not

In a life settlement transaction, in which a life insurance policy is sold by its owner to another for more than its cash-surrender value but less than the net death benefit, the seller contended that the broker and purchaser...more

9/23/2014 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Death Benefits Federal Arbitration Act Life Insurance

Reinsurance Broker And Cedent Settle Compensation Dispute

On March 26, 2014, we reported on a dispute surrounding whether a cedent was responsible to compensate a reinsurance broker under a particular broker authorization agreement. The court had denied summary judgment, finding...more

9/9/2014 - Broker-Dealer Reinsurance Settlement

English Appellate Court Dismisses Appeal Of Judgment Declaring No Liability Under A Cargo Liability Reinsurance Policy

A judgment found that certain Lloyd’s reinsurers were not liable to cover the destruction of cargo on board a vessel that capsized in the Philippines during a Typhoon. The trial court relied on a typhoon warranty clause...more

9/4/2014 - Reinsurance Shipping UK Vessels

Court Denies Petition To Appoint Arbitration Umpire In Retrocession Dispute

Odyssey Reinsurance Co. petitioned the court to appoint an umpire to serve in arbitration with its retrocessionaries, certain Lloyd’s underwriters and Reliastar Reinsurance Group, over a disputed reinsurance claim. Odyssey...more

8/21/2014 - Arbitration Arbitration Agreements Retrocessional Claims Underwriters of Lloyds Underwriting

Class Action Alleging Mortgage Kickback Captive Reinsurance Survives Dismissal Pending Discovery On Tolling Of Limitations

A court denied dismissal of a putative class action involving claims against Suntrust Bank subsidiaries and a captive reinsurer for an alleged illegal kickback scheme arising out of captive reinsurance covering Suntrust’s...more

8/21/2014 - Banks Captive Insurance Company Kickbacks Putative Class Actions Reinsurance RESPA Subsidiaries SunTrust Tolling Unfair Trade Practices Act

North Carolina Amends Its Captive Insurer Law

In October 2013, North Carolina enacted the North Carolina Captive Insurance Act, joining 30 other states with captive-enabling legislation. On July 7, 2014, North Carolina enacted House Bill 267, which amends the Act. The...more

7/24/2014 - Captive Insurance Company

Expect Focus - Catching The Next Wave, Regulatory and Litigation Developments - Volume II, Spring 2014

In This Issue: - IN THE SPOTLIGHT ..Private Equity: The Next Wave of SEC Enforcement Actions? - LIFE INSURANCE ..How to Fight a STOLI Scheme: Court Rulings Offer Clues ..STOA Schemes Face...more

7/22/2014 - Compliance Enforcement Enforcement Actions PBGC Private Equity Property Insurance SEC Title Insurance

Court Refuses To Compel Nonsignatory To Join Reinsurance Arbitration

On April 8, 2014, we reported on National Indemnity Company’s (“NICO”) attempt in a Nebraska federal district court to enjoin Transatlantic Reinsurance Company from commencing arbitration against NICO in Chicago and New York...more

7/22/2014 - Arbitration Arbitration Agreements Asbestos Litigation Reinsurance

FINRA Continues Investor-Friendly Arbitration Reforms

The Financial Industry Regulatory Authority (FINRA) is submitting rule amendments for SEC approval that would generally make individuals with any past ties to the financial industry ineligible to be considered "public" FINRA...more

7/15/2014 - Arbitrators FINRA New Amendments SEC

Arbitration Procedure Unconscionability Roundup

Basulto v. Hialeah Automotive, Case No. SC09-2358 (Fla. March 20, 2014) (reversing intermediate appellate court’s ruling compelling arbitration on monetary relief claims; intermediate court failed to limit its review to...more

6/30/2014 - Arbitration Arbitration Agreements

Court Construes Disputed Insurance Policy Language And Requires Reinsurer To Follow The Settlements

The case involved two facultative reinsurance contracts, each of which covered excess liability for similar umbrella liability insurance policies, and each of which contained a “follow the settlements” provision. After the...more

6/17/2014 - Asbestos Asbestos Litigation Insureds Insurers Liability Insurance Reinsurance Umbrella Policies

Jury Awards Stonebridge Casualty $5.8 Million On Reinsurance Claim

A final judgment was recently entered on a jury verdict awarding $5.8 million to Stonebridge Casualty Insurance Company. The case involved a reinsurer’s failure to pay reinsurance claims arising out of an automobile tire...more

6/5/2014 - Automotive Industry Customer-Loyalty Programs Jury Awards Reinsurance

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