Reinsurance Redux - January 2013

In This Issue:

Federal Court in Wisconsin Holds That It Lacks Jurisdiction to Address Disqualification of Counsel in Arbitration The United States District Court for the Western District of Wisconsin declined to determine whether an insurer was prohibited from using a certain law firm in arbitration proceedings on the basis of a conflict of interest because the party that removed the case to federal court failed to demonstrate the requirements of diversity jurisdiction were satisfied— namely, that the amount in controversy exceeded $75,000. National Cas. Co. v. Utica Mut. Ins. Co., No. 12– cv–657–bbc, 2012 WL 6190084 (W.D. Wis. Dec. 12, 2012). PAGE 2

New York District Court Refuses to Quash Subpoenas Served on Non-Party Reinsurers but Orders Party Issuing Subpoenas to Pay Expenses of Responding On November 5, 2012, the United States District Court for the Southern District of New York refused to quash subpoenas served on two non-party reinsurers seeking information related to life insurance policies; however, the court did order the issuing party to pay the reinsurers’ costs of responding to the subpoenas. U.S. Bank Nat’l Ass’n v. PHL Variable Ins. Co., No. 12 Civ. 6811(CM)(JCF), 2012 WL 5395249 (S.D.N.Y. Nov. 5, 2012). PAGE 3

2012 Redux Year in Review

The Reinsurance Redux debuted in March 2011 as a monthly publication of the Insurance Practice. We include a retrospective review of the top ten categories of cases featured in the 2012 issues of the Reinsurance Redux. PAGE 4

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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