Reinsurance Appeals

News & Analysis as of

Century Indemnity Enters Stipulated Judgment Preserving Right To Appeal Declaratory Judgment In Favor Of Reinsurer

A New York federal court entered a stipulated judgment in favor of the plaintiff reinsurer that prevailed on its declaratory claim in a summary judgment previously ordered, which judgment capped its exposure to the dollar...more

D.C. Circuit Holds That Wholly Foreign Retrocessions Not Subject To U.S. Excise Tax

In late May, the United States Court of Appeals for the District of Columbia Circuit affirmed a grant of summary judgment to a reinsurer in a dispute with the IRS regarding the imposition of U.S. excise taxes on a wholly...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

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

Summary Judgment Overturned In Coverage Dispute

In late April, the Indiana Supreme Court held that Continental Casualty Company (“CNA”) must provide insurable relief for Anthem Insurance Companies, Inc. (“Anthem”), reversing a lower court decision. Anthem’s expenditures...more

Second Circuit Affirms Application Of Illinois Notice/Prejudice Rule In Reinsurance Row

Granite State Insurance Company (“Granite State”) brought an action against Clearwater Insurance Company (“Clearwater”) regarding a dispute over reinsurance claims Granite State made, and which Clearwater denied based on late...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

Appeal Dismissed In Instituto Nacional De Seguros V. Hemispheric Reinsurance Group, L.L.C. Et Al.

We have posted on this case filed against two reinsurance brokers several times. Since our last posting regarding this case, which reported on the results of the trial, an appeal was filed in Florida’s Third District Court...more

Second Circuit Finds That Late Notice Bars Claims Against Reinsurer

The Court of Appeals for the Second Circuit affirmed a lower court’s ruling in favor of TIG Insurance Company, finding that AIU Insurance Company’s belated notice of claim to TIG under nine certificates of facultative...more

A Court May Not, under the Guise of Adjudicating a Breach of Contract Dispute, Stay an Arbitration Which Is in Process Based upon...

Savers Property and Casualty Insurance Company v. National Union Fire Insurance Company, __ F.3d __, 2014 WL 1378134 (6th Cir. April 9, 2014) - Case at a Glance - A district court enjoined an ongoing...more

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