In This Issue: - Assignment of Right to Collect on Reinsurance Treaty Held Not to Include Underlying Arbitration Clause: On February 25, 2013, the United States District Court for the Northern District of...more
Though the McCarran-Ferguson Act did not receive significant treatment from the courts in 2011, the United States Court of Appeals for the Fourth Circuit weighed in on the Act in the past year. In ESAB Group, Inc. v. Zurich...more
As we observed in last year's reinsurance review, 2011 was marked by a notable amount of litigation over the disqualification of counsel. At that time, it appeared that disqualification of counsel was one of the few areas of...more
An Illinois state court held that a contractual provision for choice of law in arbitration has no bearing on a choice of law determination outside of the arbitration context. In Amerisure Mut. Ins. Co. v. Global Reinsurance...more
In This Issue: - New York Court of Appeals Reverses Decision Requiring Reinsurers to Follow the Fortunes on Asbestos Settlement Where There Were Questions of Fact With Respect to Reasonableness of Reinsured’s...more
Federal courts almost uniformly confirmed reinsurance arbitration awards in 2012, continuing the trend of deference to arbitral decisions. Where the motion courts granted motions to vacate, the appellate courts often reversed...more
The English High Court of Justice, Queen's Bench Division (Commercial Court) has handed down a decision affirming an arbitral award holding that the September 11, 2001 attack on the World Trade Center arose out of two...more
An Ohio federal court has transferred a reinsurance dispute to Florida, where another related action was pending. The cedent, commencing with its predecessor, underwrote an automobile dealership awards program. Reinsurance...more
The popularity of attorney disqualification applications in reinsurance disputes continues with this dispute venued in Wisconsin. Several reinsurance contracts were entered into, all of which had arbitration provisions. The...more
A Minnesota federal court granted motions by the successor to a group of off-shore producer-owned reinsurance companies and their owners to stay an action brought by a cedent pending arbitration of the cedent's claims against...more
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...more
Amerisure Mut. Ins. Co. v. Global Reinsurance Corp. of Am., No. 10 L 012665 (Ill. Cir. Ct. Nov. 7, 2012). An Illinois state court dismissed a cedent’s complaint seeking attorney fees for a reinsurer’s alleged...more
In a dispute between a reinsurer and a managing agent, a Texas federal court declined to award security in aid of arbitration under a Texas statue that permits a party to file a security application with a court either during...more
In This Issue: - Southern District of New York Orders Arbitration Panel to Proceed with Umpire Selection: Finding the Federal Arbitration Act mandates that a provision in a reinsurance agreement establishing a...more
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