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Alternative Dispute Resolution (ADR) Insurance Finance & Banking

Read Alternative Dispute Resolution updates, alerts, news, and commentary from leading lawyers and law firms:

Real Property & Title Insurance Update: Weeks Ending September 8 & 15, 2017

by Carlton Fields on

REAL PROPERTY UPDATE - Summary judgment: trial court erred by denying borrower’s motion to amend answer and defenses, and therefore erred in entering summary judgment in favor of lender. Reyes v BAC Home Loans Servicing...more

NAIC Draws Line In CFPB Sand Box

by Carlton Fields on

The National Association of Insurance Commissioners has taken a firm stance on the Consumer Financial Protection Bureau’s proposed ban of “mandatory arbitration” clauses that make financial product consumers waive their right...more

NAIC Draws Line in CFPB Sandbox

by Carlton Fields on

The National Association of Insurance Commissioners has taken a firm stance on the Consumer Financial Protection Bureau’s proposed ban on "mandatory arbitration" clauses that make financial product consumers waive their right...more

Texas Supreme Court Again Addresses Arbitration Waiver

by Winstead PC on

In a per curium opinion last week styled RSL Funding, LLC v. Pippins, the Texas Supreme Court refined Texas law on when a party waives the right to arbitrate by substantially invoking the judicial process. Three individuals...more

Ground-breaking referral: Are arbitration clauses in BITs between EU Member States void?

by Reed Smith on

In recent years, the number and economic relevance of bilateral investment treaties (“BITs”) has significantly increased. BITs are international treaties which provide for assurances in favour of investors from the...more

[Event] International Arbitration Boot Camp: Do You Want Someone Else to Pay Your Legal Fees? It's Possible–Third-Party Funding of...

by BakerHostetler on

Third-Party Funding of International Arbitration and Litigation will explore what to expect when involving third parties (e.g., investment firms) to fund your litigation or arbitration....more

For Life Insurers and Agents – A Summary of Predicted Litigation Under the DOL’s Proposed Fiduciary Rule

by Carlton Fields on

The Department of Labor’s recent Proposed Rule (the “Proposal”), which defines the term “fiduciary” as it applies to persons who provide “investment advice” to ERISA plans and IRAs, will impact the likelihood and severity of...more

Court Denies Summary Judgment Motions Despite An Express Agreement To Arbitrate

by Carlton Fields on

A New York federal district judge denied Plaintiffs McKenna Long & Aldridge, LLP (“McKenna”) and Vincent W. Sedmak (“Sedmak”) motions for summary judgment which sought to stop an arbitration action from Ironshore Specialty...more

CFPB Issues Arbitration Study – Possible Impact On Reinsurance Unclear

by Carlton Fields on

The Consumer Financial Protection Bureau has issued a study that is critical of arbitration in the context of consumer claims, contenting that arbitration “restricts” the rights and remedies of consumers by limiting or...more

Australian Securities & Investments Commission (ASIC) reviews insurers’ outsourcing arrangements

by DLA Piper on

ASIC has announced today that QBE has made changes to its outsourcing of ‘escalated complaints and dispute resolution’ to an Australian law firm following concerns raised by ASIC. ...more

Court Quashes Subpoena Seeking Unissued Arbitration Award

by Carlton Fields on

After striking the affirmative defense of failure to mitigate, a court quashed a subpoena issued to an arbitrator seeking an unissued arbitration award in a dispute between certain defendants and their reinsurer....more

Protect Your Mortgage Insurance Rights Now Before It Is Too Late

by Reed Smith on

The Federal Housing Finance Agency (FHFA) recently announced changes to mortgage insurance (MI) master policy requirements. The FHFA has worked with the government sponsored enterprises (GSEs), Fannie Mae and Freddie Mac, to...more

District Court Finds Class Action Waiver Clauses in Employment Agreements Are Permissible Under FINRA Rules 13204(a) and (b)

by Hinshaw & Culbertson LLP on

On December 4, 2012, in Cohen v. UBS Financial Services, Inc., et al, 12-CIV-2147 ("Cohen"), the United States District Court for the Southern District of New York addressed whether Rules 13204(a) and (b) of the FINRA Code of...more

Reinsurance Redux - May 2012

In This Issue: - Reinsurer’s Obligation to Provide Coverage to Reinsured Not Contingent Upon Exhaustion of Limits of Primary Policy In granting an insurer’s motion for judgment on the pleadings, the United States...more

China 20/20 - Legal & Regulatory Developments - March 2012

In This Issue: 2012 Annual Inspection for Foreign Invested Enterprises Kicks Off; China Amends the Measures for Disclosure of Franchise Information; China Clarifies Import Duty Treatment for Foreign Invested Projects;...more

California Court of Appeal Rejects Insurance Company's Attempt to Cap and Arbitrate Damages

by Allen Matkins on

This decision should serve as a wake-up call to insurance companies, as their failure to provide a timely defense by the policyholder's independent counsel may entitle the policyholder to recover its full defense costs,...more

Lang Michener Corporate Insurance Brief Fall 2009

by Lang Michener LLP on

In this issue of the Lang Michener Corporate Insurance Brief, James Musgrove, Frank Palmay, Daniel Edmondstone and Hartley Lefton begin by outlining the regulatory issues relevant to insurance mergers, particularly in a...more

Real Estate News Alert - Volume 20, Number 2 - September 2009

by Miller Starr Regalia on

In this issue: Policy Considerations Trump Statutory Construction - Giving Stop Notice Claimants a Big Advantage Over Construction Lenders; Landlord and Tenant, Alternative Dispute Resolution, CEQA, Common Interest...more

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