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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
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
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
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
Large businesses and organizations that self-insure their legally mandated insurance requirements often use “fronting” policies in which the policyholder must reimburse insurers for all losses and expenses paid on the...more
New York licensed insurers are now required to participate in nonbinding mediations with certain Storm Sandy claimants who have disputed or unresolved claims. Insurers are required to send notices of the mediation option at...more
The short answer is – none. State of Washington, Dept. of Transportation v. James River Insurance Company, – P.3d –, 2013 WL 258877 (Wash. January 24, 2013), a January 2013 decision of the Washington State Supreme...more
The Washington Supreme Court has ruled that the Federal Arbitration Act (FAA) does not preempt a state statute that prohibits binding arbitration agreements in insurance contracts....more
In State, Dept. of Transp. v. James River Ins. Co., — P.3d — , 2013 WL 174111 (Wash. January 17, 2013), an en banc panel of the Washington Supreme Court unanimously declared that binding arbitration provisions in insurance...more
Amerisure Mut. Ins. Co. v. Global Reinsurance Corp. of Am., No. 10 L 012665 (Ill. Cir. Ct. Nov. 7, 2012). An Illinois state court dismissed a cedent’s complaint seeking attorney fees for a reinsurer’s alleged...more
In This Issue: - Southern District of New York Orders Arbitration Panel to Proceed with Umpire Selection: Finding the Federal Arbitration Act mandates that a provision in a reinsurance agreement establishing a...more
Employers Ins. Co. of Wausau v. Arrowood Indemn. Co., Nos. 12-cv-283-bbc, 12-cv-284-bbc, 12-cv-285-bbc, 2012 WL 5306152 (W.D. Wis. Oct. 26, 2012). A Wisconsin federal court avoided having to resolve a dispute over...more
A New York federal court granted a cedent’s petition under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards to confirm multiple arbitration awards in its favor, denied cross-petition to vacate the...more
In This Issue: - Illinois District Court Finds Revenue-Sharing Agreement Between Reinsurer and Broker to be Ambiguous: A Northern District of Illinois judge denied cross-motions for summary judgment filed by a...more
In This Issue: District Court Compels Arbitration of Claims Against Reinsurer - The United States District Court for the District of Arizona issued an order compelling arbitration of a dispute over the validity of a...more
In This Issue: RECENT CASE SUMMARIES - ..Second Circuit Affirms Insured Has No Direct Right of Action Against Reinsurer Absent “Cut- through” Provision Callon Petroleum Co. v. Nat’l Indemnity Co., 11-241-cv,...more
QUESTION: My client is involved in a partnership dispute. The partnership agreement provides all disputes are to be resolved by binding arbitration. I may want to have a receiver appointed to operate the partnership property...more
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