International Trade Insurance Civil Procedure

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Accidents Outside Ontario - Where Do You Still Qualify for Accident Benefits?

The Financial Services Commission of Ontario ('FSCO") decision by Arbitrator Osundi in Jama and Aviva Canada Inc. (FSCO A13-004308) (“Jama”) is the most recent decision considering the territorial limits of the Statutory...more

August 2014: Insurance Litigation Update

No Longer on the Hook for Indemnity: NY Court of Appeals Reverses Decision That Held Insurers Liable to Indemnify Where They Wrongly Refused to Defend a Claim. In a decision last year in K2 Investment Group, LLC v. American...more

Federal District Court Upholds Foreign Reinsurer’s Right To Remove Action To Federal Court

The Court for the Middle District of Louisiana upheld a magistrate’s ruling denying a motion to remand filed by the Louisiana Commerce and Trade Association of Self Insurer’s Fund (“LCTA”), holding that the defendant foreign...more

Insurance and Reinsurance Alert: Follow the Settlements Clauses revisited.

In autumn 2011, Thailand suffered severe floods. Among the properties damaged were shops and distribution centres owed by a subsidiary of Tesco. Tesco was insured against property damage and BI losses in Thailand under a...more

U.K. Court Dismisses Retrocessionaire’s Defense In “Follow The Settlements” Dispute

A British retrocessionaire sued its retroceding reinsurer in a coverage dispute regarding the “follow the settlements” doctrine. The primary insurer at issue, ACE INA Overseas Insurance Company, insured Tesco, which operated...more

Florida Jury Rejects Foreign Insurer’s Claims

A Florida jury rejected all claims made by Instituto Nacional de Seguros (“INS”), a Costa Rican insurer, against two reinsurance brokers, Hemispheric Reinsurance Group, LLC and Howden Insurance Brokers, Ltd. As previously...more

Court of Appeal Upholds Dismissal of Class Action in Mandeville v Manulife

In the most recent class action decision released by the Ontario Court of Appeal, Mandeville v The Manufacturers Life Insurance Company, 2014 ONCA 417, Justice Gillese, writing for a unanimous Court, upheld the trial decision...more

Business Litigation Report -- April 2014

In This Issue: -- Main Article: DOJ’s Use of Expansive Legal Theories Broaden FCPA Jurisdiction -- Noted With Interest: Proposed Amendments to the Federal Rules Aim to Lessen Burden of Discovery --...more

Insurance and Reinsurance Newsletter: Italy - April 2014

1. IVASS (ITALIAN INSURANCE SUPERVISORY AUTHORITY) – NEW REGULATIONS ON COMPLAINTS MANAGEMENT - On 1 April 2014, the draft measure containing amendments to ISVAP (former Italian Insurance Supervisory Authority)...more

An American Policyholder in London: English Choice of Law Clauses in United States Insurance Policies

While certainly not the norm, it is not uncommon for insurance policies issued to companies based in the United States, particularly large commercial and excess policies brokered on the London Market, to contain choice of law...more

Is It Time To Include Mandatory Arbitration Clauses In All Reinsurance Policies? Mandatory Clauses Could Avoid Unnecessary Future...

Recent reports on the continued easing of collateral requirements for non-US reinsurers that operate in the US, raise the question: with the anticipated, increased presence of non-US reinsurers state-side, will more...more

February 2014: London Litigation Update

Parallel Judicial Proceedings in Europe: “The Alexandros T” [2013] UKSC 70. In a landmark decision, the U.K. Supreme Court has provided parties with a meaningful way to discourage opponents from commencing proceedings in the...more

No U.S. Excise Taxes On Foreign Retrocessions

Foreign retrocession insurance transactions are beyond the reach of IRS excise taxes based on the plain language of 26 U.S.C. § 4371(3), which aims to tax insurance transactions involving policies issued by foreign insurers...more

Feeling the Heat in Florida: Could Canadian Insurers Be Exposed to Florida’s Unfriendly Bad Faith Laws?

Could a Canadian insurer that only insures Canadian residents still be sued for bad faith in Florida for failing to performing certain duties that must be performed in Florida? A recent Florida intermediate appeals court...more

What Happens in England, Stays In England?

In the decision In the matter of “The Alexandros T”, the UK Supreme Court restricted the application of Articles 27 and 28 of Council Regulation (EC) No 44/2001 in a long-running insurance dispute involving multiple...more

Reinsurance Newsletter - December 2013

Recent Case Summaries - Michigan Federal Court Enjoins Arbitration Proceeding Because of Possible Misconduct - Star Ins. Co. v. Nat’l Union Fire Ins. Co., No. 13-13807, 2013 U.S. Dist. LEXIS 130379 (E.D. Mich....more

Reinsurance Newsletter - December 2013: English High Court Rules on the Application of Follow-the-Settlements Clauses

Tokio Marine Europe Ins. Ltd v Novae Corporate Underwriting Ltd [2013] EWHC 3362 (Comm). The High Court of England and Wales (Commercial Division) recently issued an opinion explaining the application of a...more

Health Alert (Australia) - 18 November 2013

In This Issue: - Judgments - Legislation - Reports - Excerpt from Reports: Australia. Private Health Insurance Administration Council - 13 November 2013 - Industry consultation – Second round...more

S.D.N.Y. Disqualifies Securities Class Action Plaintiffs’ Expert and Denies Class Certification

Recently, in IBEW Local 90 Pension Fund v. Deutsche Bank AG, No. 11-cv-4209, 2013 U.S. Dist. LEXIS 155136 (S.D.N.Y. Oct. 29, 2013), District Judge Katherine Forrest declined to certify a class of securities plaintiffs and...more

Health Alert (Australia) - 11 November 2013

In This Issue: - Jugments - Legislation - Reports - Excerpt from Judgments: Queensland 2 September 2013 - Tabanas v Medical Board of Australia [2013] QCAT 522 - Health practitioners –...more

In Sourcing and Licensing Agreements Governed by New York Law, Think Twice About a Gross Negligence Carve-out to a Limitation on...

Limitations on liability and disclaimers of damages for breach of contract claims are commonplace in outsourcing, licensing and procurement agreements. These provisions can create contentious negotiations as the parties seek...more

Health Alert (Australia) - September 16 2013

In This Issue: - Judgments - Legislation - Reports - Excerpt from Reports: Australia. Department of Health & Ageing - ..7 September 2013 - Request for expression of interest for a clinical...more

Illinois Federal Court Bars Assignee Of Claims Under A Reinsurance Treaty From Invoking Arbitration Clause

Pine Top Receivables of Ill., Inc. v. Banco de Seguros Del Estado, No. 12 C 6357, 2013 U.S. Dist. LEXIS 81516, 2013 WL 2574596 (N. D. Ill. June 11, 2013). An Illinois federal court granted a reinsurer’s motion to...more

Reinsurance Newsletter - September 2013

RECENT CASE SUMMARIES - GOOD NEWS FOR ARBITRATORS FROM THE SUPREME COURT? Oxford Health Plans LLC v. Sutter, 133 S. Ct. 2064 (2013). In a non-reinsurance case, the United States Supreme Court recently...more

Leave It to Hollywood: No D&O Insurance Coverage for Failure to Pay Leave It to Beaver Television Royalties

On July 11, 2013, the Central District of California held that a liability insurer is not required to reimburse its insured for costs arising out of a breach of contract class action claim....more

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