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Court Compels Non-Signatory Affiliates, But Not Broker, To Arbitrate Premium Payment Dispute

National Union Fire Insurance Company of Pittsburgh brought a petition in a New York federal court, to compel nine related companies to arbitrate a payment dispute relating to certain policies of insurance issued to the...more

Texas Appeals Court Denies Petition For A Writ Of Mandamus That Trial Court Erred In Denying Motion To Vacate Arbitration Panel’s...

A Texas appeals court denied a petition for a writ of mandamus filed by Irving Drobny, on behalf of National Accident Insurance Group (“NAIG”) and National Accident Insurance Underwriters (“NAIU”) (collectively, “NAIU”),...more

Seventh Circuit Affirms Service Of Suit Clause In Reinsurance Treaties And Grants Cedent Absolute Right To Select Forum

Based on the plain and ordinary meaning of the service of suit clause, the Seventh Circuit Court of Appeals found a reinsurer waived its right of removal. The service of suit clause provided...more

Arbitration Clause Contained Only In “Side” Agreements To Insurance Policies, Enforced In Dispute Over “Retrospective Premiums”

A U.S. District Court for the Southern District of New York recently enjoined Advanced Micro Devices (AMD), from proceeding with litigation in California against National Union Fire Insurance Company (NUFIC), related to a...more

Ex Parte Communications Between Reinsurer’s Attorney And Party-Appointed Arbitrator Lead To Vacatur Of Award

The Sixth Circuit recently held that a lower court erred by refusing to vacate an arbitration panel’s interim and final awards due to ex parte communications between one of the arbitrators and the attorney for the appellee,...more

District Of Arizona Awards Broad Fee Award Where There Were Competing Motions To Confirm Arbitral Award

On March 31, 2016, we wrote regarding an arbitration confirmation fight between the Scottsdale Insurance Company (“Scottsdale”) and the John Deere Insurance Company (“John Deere”) in a reinsurance dispute relating to whether...more

Treaty Tip: Is it an Insurance Policy or a Reinsurance Agreement?

Whether a risk shifting agreement is an insurance policy or a reinsurance agreement may have important consequences. For example, many states prohibit the mandatory arbitration of disputes arising out of insurance policies,...more

Federal Court Has Subject-Matter Jurisdiction To Decide Petition To Compel; Determines Party Did Not Waive Arbitration By Agreeing...

Despite a pending motion to compel arbitration in state court, a party (MetLife) petitioned a Tennessee district court under the Federal Arbitration Act for the same relief. As that Act itself does not create federal-question...more

District Court Of Nebraska Determines Non-Signatory Of Arbitration Agreement Is Not Bound To Arbitrate

A signatory may bind a non-signatory to an arbitration agreement through principles of contract and agency law such as: (1) incorporation by reference; (2) assumption; (3) agency; (4) veil-piercing/alter-ego; and (5)...more

Eleventh Circuit’s Liberal Reading of Bonner Mall a Game Changer for Class Actions?

An Eleventh Circuit panel recently vacated two district court orders after sending the parties to mediation, and after the parties’ conditioned settlement on vacatur of the orders. In Hartford Casualty Insurance Company v....more

Court Distinguishes Between Claims For Relief And Affirmative Defenses In Denying Rehearing Of Order Compelling Arbitration

On May 11, 2016 we reported on a dispute between certain captive insurance administrative service providers (Capstone) against various defendants concerning the rights to certain intellectual property related to a captive...more

Latest Developments in Arbitration for the Construction Law Practitioner

G. T. Leach Builders V. Sapphire V.P.: Non-Signatories’ Right to Compel Arbitration; Waiver of Right to Arbitrate - By far, the most recent, significant arbitration development for construction law practitioners was the...more

Arbitration Provision Enforced Against Non-Signatory Insurer

The court confirmed an award in favor of two affiliated power supplier companies (“Alstom”), against the subrogated insurer of one of their corporate customers damaged in an accident involving Alstom’s equipment. Alstom and...more

Missouri Court Of Appeals Finds Facultative Reinsurance Agreement Between Parties Was Truly A Liability Insurance Contract Which...

Although the parties had entered into what they called a Facultative Reinsurance Agreement (“FRA”), the Missouri Court of Appeals determined the agreement was a contact of indemnity against liability, and thus, pursuant to...more

Court Denies Motion To Enforce Judgment And Grants Motion To Stay Pending Appeal In Contentious Arbitration Clause Dispute

We previously reported on the confirmation of three awards in a dispute between National Indemnity Company (“NICO”) and IRB Brasil Ressegurous S.A (“IRB”). In April, NICO submitted a motion for an award of its fees and costs...more

Blog: Commercial Court Considers Extension Of Time To Challenge Arbitral Award

In S v (1) A (2) B [2016] EWHC 846 (Comm), Mr Justice Eder refused to grant an extension of time under the Arbitration Act 1996 (the “Act”) s.80(5) to challenge an arbitral award, following the applicant’s 74-day delay in...more

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

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

Construction Defect Insurance Disputes Are Daunting Puzzles, But Neutrals Fit the Pieces Together

Think construction defects cases are complicated? Try looking at them from the perspective of the neutrals who guide parties to settlement. Complicated only begins to describe what one experienced neutral calls working on a...more

Federal Courts Compels Arbitration Of Captive Insurance Dispute

Plaintiffs Capstone Associated Services, Ltd. And Capstone Associated Services (Wyoming), Limited Partnership (collectively, “Capstone”) brought suit against various defendants concerning the use of and rights to certain...more

Court Confirms Arbitration Award Relating To Three Arbitration Agreements And Orders Certain Documents Unsealed

The court confirmed a final arbitration award in favor of the Petitioner, Employers Insurance Company of Wausau (“Wausau”), pursuant to Section 9 of the Federal Arbitration Action (FAA). Wausau and Ace Property and Casualty...more

Direct claims against insurers and anti-suit injunctions

In Shipowners’ Mutual Protection & Indemnity Association (Luxembourg) -v- Containerships Denizcilik Nakliyat ve Ticaret AS (The “Yusuf Cepnioglu”) [2016] EWCA Civ. 386, the Court of Appeal considered the juridical nature of a...more

New York’s Highest Court Enforces Arbitration Provision in California Workers’ Compensation Insurance Agreement, Rejecting...

A recent ruling by the New York State Court of Appeals underscores the Federal Arbitration Act’s(“FAA”) strong policy favoring enforcement of arbitration agreements—even in the insurance industry and despite federal policy...more

Arbitrator, Not Court, Must Determine Arbitrability Of Dispute Under Reinsurance Participation Agreement

Adopting in part a magistrate judge’s recommendation, a federal court in Maine recently held that the enforceability of an arbitration clause in a reinsurance agreement must be determined by an arbitrator, as opposed to a...more

New York Federal Court Considers Procedural Attacks To Arbitration Confirmation Proceedings

Late last month, a federal district court in New York tackled procedural challenges to an arbitration confirmation proceeding. The arbitration arose from a dispute between an insurer and its reinsurer over the amount due to...more

Federal Court Confirms Reinsurance Arbitration Award, Finding That Panel’s Alleged Calculation Error Did Not Justify Modification...

A federal court recently granted a reinsurer’s motion to confirm an arbitration award, and denied a cedent’s petition to modify the same, holding that the panel’s alleged error in computing the amount due to the cedent was...more

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