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Cat Bond Litigation: Unambiguous Bond Documents Cause Court To Dismiss With Prejudice Complaint Seeking to Claw Back Payments Made...

The United States District Court for the Southern District of New York has dismissed, with prejudice, claims relating to the triggering of the Mariah Re severe weather event cat bond. Mariah Re Ltd. v. American Family Mutual...more

10/13/2014 - Catastrophe Bonds Clawbacks Reinsurance

12 Tips for Settling Class Actions

The successful resolution of every class action lawsuit is case- and company-specific. Still, certain issues and strategic considerations arise in nearly every matter. The following tips address many of the considerations...more

7/29/2014 - CAFA Class Action Litigation Strategies

Signatories And Non-Signatories Denied Motions To Compel Arbitration

The Tenth Circuit Court of Appeals and a federal district court in Michigan have each issued opinions on motions to compel arbitration. In the Michigan opinion, the court granted a motion for summary judgment, in favor of the...more

6/26/2014 - Arbitration Arbitration Agreements Motion to Compel

Eleventh Circuit Restricts Extrastatutory Judicial Review Of Arbitration Awards

The Eleventh Circuit recently limited the authority by which an aggrieved party can obtain judicial review of arbitration awards outside of the four grounds enumerated in the Federal Arbitration Act, ruling that an insurance...more

6/25/2014 - Arbitration Arbitration Awards Federal Arbitration Act Judicial Review

Appellate Court Holds That Arbitrators Did Not Act In Excess Of Their Authority Or In Manifest Disregard Of Law In Denying Motion...

The Ninth Circuit Court of Appeals affirmed a district court’s denial of a motion to vacate an arbitration award issued in a dispute between the Johnsons and Wetzel’s Pretzels, concerning the termination of a franchise...more

6/19/2014 - Appeals Arbitration Franchise Agreements Motion to Vacate

Appellate Courts Address Jurisdiction To Hear Disputes Concerning Arbitration

Establishing that a federal court has jurisdiction to hear an arbitration dispute is not always easy. The Fourth Circuit recently affirmed the dismissal of an action seeking to vacate an arbitration award based upon lack of...more

6/18/2014 - Arbitration Arbitration Awards Federal Arbitration Act Jurisdiction Subject Matter Jurisdiction

CFTC Issues No Action Letter On Application Of Swap Rules To Longevity Reinsurance Transaction

There has been considerable concern in the insurance and reinsurance industries that certain hedging and reinsurance activities that companies have engaged in for a number of years, particularly with respect to life insurance...more

6/16/2014 - CFTC Compliance Dodd-Frank Life Insurance Reinsurance Swap Dealers Swaps

Vermont Amends Its Captive Insurer Law

Vermont has amended its captive insurer statute (H. 563) to permit a company to elect a “dormant captive insurance company” status for a period of five years (renewable) if it meets certain criteria: (1) unimpaired, paid-in...more

6/4/2014 - Captive Insurance Company

Dispute Pending In Court May Not Be Made Subject To Arbitration

An individual had a dispute over work-related issues while working at a Citicorp call center. His employment agreement required arbitration of individual disputes but did not require the arbitration of class claims....more

6/3/2014 - Arbitration Arbitration Agreements Citicorp Class Action

A Court May Not, under the Guise of Adjudicating a Breach of Contract Dispute, Stay an Arbitration Which Is in Process Based upon...

Savers Property and Casualty Insurance Company v. National Union Fire Insurance Company, __ F.3d __, 2014 WL 1378134 (6th Cir. April 9, 2014) - Case at a Glance - A district court enjoined an ongoing...more

5/28/2014 - Appeals Arbitration Arbitration Awards Federal Arbitration Act Reinsurance Stays

Treaty Tips: The Service Of Suit Provision

One common provision in reinsurance agreements is a Service of Suit provision, which typically provides that the parties consent to the jurisdiction of “any court of competent jurisdiction.” The breadth of the traditional...more

4/1/2014 - Arbitration Agreements Jurisdiction Mandatory Arbitration Clauses Reinsurance Service of Suit

Court Orders Pre-Pleading Security Posted In Reinsurance Disputes

Excalibur Reinsurance provided reinsurance to Travelers Indemnity. Disputes arose and Travelers filed two lawsuits against Excalibur in United States District Court in Connecticut. ...more

3/24/2014 - Indemnification Indemnity Agreements Reinsurance

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