Arbitration Reinsurance

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
News & Analysis as of

Court May Appoint Arbitration Umpire Under FAA

On August 26, the Second Circuit Court of Appeals considered whether a trial court had appointment authority under the Federal Arbitration Act (“FAA”). Overturning a prior order that denied Odyssey Reinsurance Company’s...more

Court Rules Panel Must Determine Whether Arbitrators Or Actuaries Determine Amount Of Disputed Reinsurance Payment

In a dispute involving an earlier arbitration ordering American United Life Insurance Company (“AUL”) to make a commutation payment to The Travelers Indemnity, the parties filed cross petitions for arbitration pursuant to...more

Massachusetts Court Of Appeals Maintains “Severely Limited” De Novo Review Of Reinsurance-Related Arbitration Award

Collective defendants, Nationwide, appealed from a Massachusetts superior court judgment confirming an arbitration award in favor of collective plaintiffs, Liberty Mutual. The underlying dispute involved a 1972 reinsurance...more

Court Limits Discovery Of Insurer’s Policies With Other Insureds, Compels Production Of Prior Arbitration Testimony

Utica Mutual Insurance Company (“Utica”) sued R&Q Reinsurance Company (“R&Q) in New York federal court for payment under reinsurance certificates R&Q issued to Utica covering umbrella policies Utica issued to its insured,...more

Court Confirms Reinsurance Arbitration Award Without Objection

A federal district court has entered judgment confirming an arbitration award entered in favor of Employers Insurance Company of Wausau against Continental Casualty. The dispute arose out of a certificate of casualty...more

Honorable Engagement Provision in Arbitration Provision of Reinsurance Agreements Assists Court of Appeals in Holding that...

In First State Insurance Company v. National Casualty Co., 781 F.3d 7 (1st Cir. 2015), the U.S. Court of Appeals for the First Circuit (the “Court of Appeals”) affirmed a district court’s refusal to vacate an arbitration...more

New York Court Reaffirms That Reinsurer’s Statute Of Limitations Defense Determined By Arbitrators, Not Court

Because a reinsurer participated in the arbitrator selection process, the reinsurer was precluded from seeking a stay on statute of limitations grounds pursuant to New York law, a New York appellate court ruled. As discussed...more

Spring Vacations: Which arguments are winning on appeals from arbitration so far in 2015?

Today I present a collection of recent state and federal appellate court decisions that vacate or un-vacate arbitration awards. The seven opinions below emphasize how difficult it is to prove that an arbitrator exceeded his...more

Court Affirms Arbitration Panel’s $14 Million Award In Favor Of Insured In Reinsurance Dispute Over Asbestos Claims

A federal district court has confirmed a $14 million arbitration award entered in favor of Amerisure against its reinsurer Everest. As we earlier reported, the court had previously denied the motion to seal briefing...more

Arbitration Award Confirmed In Quota Share Reinsurance Dispute

An arbitration award to Petitioner, Employers Insurance of Wausau A Mural Company (“Wausau”), has been confirmed after Respondents withdrew their prior objections. The dispute arose over payment obligations stemming from a...more

Court Directs Cedents To Indicate Whether They Will Continue To Argue Against The Finality Of An Arbiration Award To Preclude Its...

In a pending dispute in the Southern District of New York arising from a quota share contract of reinsurance between Employers Insurance of Wausau, as reinsurer, and Nutmeg Insurance and Twin City Fire, as cedents, Nutmeg and...more

Court Affirms Reinsurance Arbitration Award In Favor Of First State Inurance Company And New England Reinsurance Corporation

Phased arbitration proceedings involving First State Insurance Company and New England Reinsuance Corporation against Nationwide Mutual Insurance Company addressed claims arising under numerous reinsurance agreements between...more

Court Affirms Reinsurance Arbitration Award But Directs Further Briefing On The Issue Of Sealing Documents

A federal district court in New York confirmed an arbitration panel’s final award, but directed the parties to brief the issue of whether the continued sealing of supporting documents, filed in connection with the petition to...more

Reinsurance-Related Dispute Stayed Pending Arbitration Despite Later Executed Settlement Agreement

Steadfast Insurance Company entered into a settlement agreement with its insured, Barton Malow Enterprises after agreeing to pay $15 million on Barton’s claim. The settlement included a complete release of all claims by...more

Southern District Of New York: “If You Want Strict Application Of The Law, Don’t Agree To Arbitration Clauses.”

A federal judge in the Southern District of New York recently denied a motion to vacate an arbitration award in a reinsurance dispute, scolding the movant for complaining that the arbitrators reached a compromise verdict. The...more

California’s “Third Party Litigation Exception” Not Preempted By The FAA

A California appellate court recently examined that state’s legislative response to the situation where a party moves to compel arbitration and some of the parties to the dispute are not parties to the arbitration agreement....more

Second Arbitration Compelled On Reinsurance Claims Made Under Treaty Previously Construed In Prior Arbitration Award

In a complicated web of proceedings, the initial dispute involved whether the reinsurer, Nationwide Mutual Insurance Co., was permitted to condition payment of reinsurance claims on receiving access to the claim records of...more

California Federal District Court Compels Arbitration In Reinsurance Dispute

Randazzo Enterprises sued its reinsurer, Applied Underwriters Captive Risk Assurance Company, Inc. in California federal court over Applied’s calculation of premiums of the reinsurance agreement entered between them. Invoking...more

Reinsurance Arbitration Award Confirmed, Reaching Result Contrary To Previous Award Against Different Reinsurer

On March 11, 2014, we reported on the First Circuit’s ruling in a contested arbitration between OneBeacon America Insurance Co. and certain of its reinsurers over reinsured asbestos claims. The reinsurers filed a declaratory...more

Court Reverses Denial Of Petition To Compel Arbitration

In Mahmud v. Ralph’s Grocery Company, No. B237636 CA 2/4 (Nov. 10, 2014), the California Second Appellate District reversed and remanded a trial court denying the petition of an employer (Ralph’s) to compel arbitration of a...more

Seventh Circuit Declines To Require Pre-Pleading Security From Uruguay’s State-Owned Reinsurer And Refuses To Compel Arbitration

The Plaintiff, Pine Top Receivables of Illinois, LLC brought an action in Illinois federal court against Banco de Seguros del Estado, an entity wholly owned by Uruguay. Pine Top claimed that Banco de Seguros owed Pine Top...more

The Seventh Circuit Refers Issue Of Scope Of Arbitration To Arbitrators

The Seventh Circuit Court of Appeals held that it lacked jurisdiction over an interlocutory appeal of an order that would direct the arbitrator to include year 2008 in a pending arbitration proceeding brought under the...more

Court Confirms Arbitration Panel’s Interim Award Requiring Reinsurer To Post Security For Cedent’s Claimed Losses

A federal district court has confirmed an arbitration panel’s interim award requiring Allied Provident, as reinsurer, to post security for unreimbursed losses and expenses that its cedent claims are due under the parties’...more

Federal Court Remands Action To Confirm Arbitration Award: No Subject Matter Jurisdiction

A federal court in California recently rejected efforts to remove a state court arbitration confirmation proceeding to federal court. The underlying royalties dispute had been addressed in an arbitration, and ultimately the...more

Third Circuit: Federal Court Should Decide Whether An Arbitration Clause Authorizes Classwide Arbitration – Not The Arbitrator

The Third Circuit recently was presented with the question of whether, in the context of an otherwise silent contract, the availability of classwide arbitration is to be decided by a court rather than an arbitrator. The...more

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