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Arbitration Reinsurance Statute of Limitations

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 -
Carlton Fields

SPECIAL FOCUS: The Arbitrability Of Statutes Of Limitations In Reinsurance Disputes

Carlton Fields on

Whether a particular jurisdiction’s statute of limitations provides a reinsurer with a valid basis to deny payment of a cedent’s claim is sometimes a hotly-contested issue. Where a dispute is litigated in state or federal...more

Carlton Fields

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

Carlton Fields on

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

Carlton Fields

Court Construes Parties’ Agreement To Allow New York State Courts To Rule On Statute Of Limitations Defense

Carlton Fields on

The issue confronting the court in In re ROM Reinsurance Management Co. v. Continental Insurance Company was whether the timeliness of a demand for arbitration was a determination for the Court or for the arbitrators. ...more

Saul Ewing LLP

Reinsurance Redux - Fall 2013

Saul Ewing LLP on

In This Issue: - Southern District of New York Predicts That California Would Adopt Bad Faith Exception to Requirement That a Reinsurer Prove Prejudice for Late Notice Defense: The United States District Court...more

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