Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:
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Gene Grabowski on American Airlines' Brand Challenges
ROM Reinsurance Mgt. Co. v. Continental Ins. Co., No. 654480/12 (N.Y. Sup. Ct. Mar. 22, 2013). A New York motion court was presented with a petition to stay arbitration, based on the statute of limitations, of certain...more
Arrowood Indem. Co. v. Trustmark Ins. Co., No. 3:03cv1000 (JBA), 2013 U.S. Dist. LEXIS 46566 (D. Conn. Mar. 29, 2013). A Connecticut federal court denied a cedent’s motion for judgment and contempt against a reinsurer...more
N.H. Ins. Co. v. Magellan Reinsurance Co., Ltd., No. 02-12-00196-CV, 2013 WL 1830349 (Tex. App. Fort Worth May 2, 2013). A Texas appellate court held that a cedent was judicially estopped from compelling arbitration. ...more
Pine Top Receivables of Illinois, LLC v. Banco De Seguros Del Estado, No. 12 6357, 2013 U.S. Dist. LEXIS 15246; 2013 U.S. Dist. LEXIS 28040 (N. D. Ill. Feb. 5 & 25, 2013). An Illinois federal court in two decisions...more
AXA Versicherung AG v. New Hampshire Ins. Co., No. 12 Civ. 6009 (JSR), 2013 U.S. Dist. LEXIS 60802 (S.D.N.Y. Apr. 22, 3013). A New York federal court had confirmed an arbitration award on consent of all parties and...more
New Jersey Physicians United Reciprocal Exchange v. ACE Underwriting Agencies, Ltd., No. 12-04397 (FLW/LHG), 2013 U.S. Dist. LEXIS 52035 (D.N.J. Apr. 11, 2013). A New Jersey federal court stayed litigation brought by a...more
Union Electric Co. v. AEGIS Energy Syndicate 1225, 715 F.3d 366 (8th Cir. 2013). Many cases over the last several years have addressed the perceived conflict between the arbitration clause and the service-of-suit...more
In This Issue: - District of New Jersey Stays Medical Malpractice Suit Pending Arbitration: Finding that a dispute between a medical malpractice insurer and a reinsurance underwriter fell squarely within the...more
In its recent decision in Brecek & Young Advisors, Inc. v. Lloyds of London Syndicate 2003, 2013 U.S. App. LEXIS 9599 (10th Cir. May 13, 2013), the United States Court of Appeals for the Tenth Circuit, applying New York law,...more
In a new case that reminds federal judges everywhere to sing “I’ve got the power!” like C&C Music Factory, the Fifth Circuit reiterates that federal courts can stay related state court actions if necessary to “protect or...more
In general, I believe that the approach to the mediation of an insurance coverage and bad faith case is similar to mediations in other substantive areas of law. However, there are a few differences; including the analysis of...more
New Jersey has now joined New York in instituting a voluntary mediation program for insured victims of Superstorm Sandy with “open and unresolved first-party insurance claims.” The program became operative with the issuance...more
Though the McCarran-Ferguson Act did not receive significant treatment from the courts in 2011, the United States Court of Appeals for the Fourth Circuit weighed in on the Act in the past year. In ESAB Group, Inc. v. Zurich...more
As we observed in last year's reinsurance review, 2011 was marked by a notable amount of litigation over the disqualification of counsel. At that time, it appeared that disqualification of counsel was one of the few areas of...more
What businesses do not know about their insurance policies can hurt them. Increasingly, insurers are requiring arbitration, restricting venues for hearing cases or specifying which laws can be applied, all designed to give...more
An Illinois state court held that a contractual provision for choice of law in arbitration has no bearing on a choice of law determination outside of the arbitration context. In Amerisure Mut. Ins. Co. v. Global Reinsurance...more
In This Issue: - New York Court of Appeals Reverses Decision Requiring Reinsurers to Follow the Fortunes on Asbestos Settlement Where There Were Questions of Fact With Respect to Reasonableness of Reinsured’s...more
Federal courts almost uniformly confirmed reinsurance arbitration awards in 2012, continuing the trend of deference to arbitral decisions. Where the motion courts granted motions to vacate, the appellate courts often reversed...more
The English High Court of Justice, Queen's Bench Division (Commercial Court) has handed down a decision affirming an arbitral award holding that the September 11, 2001 attack on the World Trade Center arose out of two...more
An Ohio federal court has transferred a reinsurance dispute to Florida, where another related action was pending. The cedent, commencing with its predecessor, underwrote an automobile dealership awards program. Reinsurance...more
Doing reinsurance business with non-U.S. reinsurers owned by foreign governments often raises interesting issues of enforcement and collection. In this case, a receiver of an insolvent reinsurer sold and assigned its...more
A New York state motion court granted a cedent's petition to appoint an umpire to preside over a series of reinsurance disputes through a combination of the ranking and "strike and draw" methods. The disputes arise out of...more
The popularity of attorney disqualification applications in reinsurance disputes continues with this dispute venued in Wisconsin. Several reinsurance contracts were entered into, all of which had arbitration provisions. The...more
The Supreme Court of the State of Washington, sitting en banc, unanimously affirmed a trial court's denial of an insurer's motion to compel arbitration, reasoning that a Washington State statute rendered an arbitration clause...more
A Minnesota federal court granted motions by the successor to a group of off-shore producer-owned reinsurance companies and their owners to stay an action brought by a cedent pending arbitration of the cedent's claims against...more
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