News & Analysis as of

Asbestos Insurance Industry Reinsurance

Court Refuses To Compel Production Of Cedent’s Documents To Reinsurer When Extent Of Cedent’s Obligation To Provide Documents Is...

by Carlton Fields on

A court has denied a motion to reconsider its decision denying a reinsurer’s (Century Indemnity Co.) motion to compel an insurer (Travelers Casualty and Surety Company) to produce certain documents in a case in which...more

For Whom the Bell(efonte) Tolls

by Locke Lord LLP on

“It ain’t over until it’s over.” but it appeared to be over, although, and it did come as a bit of a surprise for most of the industry. Capping the limits on defense costs/expenses under facultative certificates caught many...more

Adding Fuel to the Bellefonte Fire? Second Circuit Asks New York’s Highest Court For Guidance as to Reinsurer’s Limit of Liability

by Locke Lord LLP on

In Global Reins. Corp. of Am. v. Century Indem. Co., 2016 WL 7156549 (Dec. 8, 2016), the U.S. Court of Appeals for the Second Circuit asked New York’s highest court, the New York Court of Appeals, to provide guidance as to...more

Suit Against Reinsurer In California Dismissed For Lack Of Personal Jurisdiction

by Carlton Fields on

A federal district court in California recently dismissed a lawsuit brought by a cedent against its reinsurer for lack of a personal jurisdiction, where the reinsurer’s only contacts with the state derived from the fact that...more

Illinois Federal Court Transfers “Late Notice” Reinsurance Dispute To Pennsylvania

by Carlton Fields on

R&Q Reinsurance Company issued a facultative reinsurance certificate to St. Paul Fire & Marine Insurance Company, which reinsured a policy issued by St. Paul to Walter E. Campbell, Co. The broker who placed the certificate...more

Federal Court Allows Sealing Of A Petition Seeking Confirmation Of Arbitral Award

by Carlton Fields on

On August 14, 2015, a federal district court in New York entered an order allowing a petition to confirm an arbitration award to be filed in redacted form with the arbitration award to be filed under seal. The case is pending...more

Reinsurers’ Motion To Vacate Arbitration Award Held Time-Barred

by Carlton Fields on

A federal judge in New York has denied reinsurers’ motions for relief from a prior judgment. The reinsurers, Equitas Insurance Limited and Certain Underwriters at Lloyd’s of London, argued that they were entitled to judicial...more

Cedent Loses Motion For Reinsurance Payments Due To Late Notice And “Unsatisfactory” Proof Of Loss, Notwithstanding “Follow The...

by Carlton Fields on

In a reinsurance coverage dispute involving coverage for an underlying settlement of asbestos liability, a New York court considered whether the defenses of failure to provide prompt notice and failure to provide satisfactory...more

Court Construes Disputed Insurance Policy Language And Requires Reinsurer To Follow The Settlements

by Carlton Fields on

The case involved two facultative reinsurance contracts, each of which covered excess liability for similar umbrella liability insurance policies, and each of which contained a “follow the settlements” provision. After the...more

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