News & Analysis as of

Defendants Granted Limitations-Based Summary Judgment In Captive Reinsurance Class Action

A putative class of mortgage consumers sued Flagstar Bank and its captive reinsurer alleging that they engaged in an illegal “kickback” scheme with private mortgage insurers, which scheme artificially inflated the price of...more

Lack Of Proper Notice To Reinsurer Bars Claim For Payment Under Facultative Reinsurance Contracts

A federal district court granted summary judgment in favor of a reinsurer who had been sued by a ceding company for failure to pay under two facultative reinsurance certificates that reinsured two excess liability policies...more

Court Awards Damages And Prejudgment Interest In Long-Running Retrocession Dispute

Republic Insurance was a fronting company for a syndicate of reinsurers which obtained retrocessional coverage from Group Des Assurance Nationales under LMX quota share contracts over a number of years. As we reported in an...more

Ambiguities In Reinsurance Broker Agreement Preclude Summary Judgment

A federal district court in Arkansas recently examined provisions of a Broker Authorization Agreement between a reinsurance broker (Global Risk) and a ceding insurer (Aetna). In denying cross-motions for summary judgment on...more

New York Federal Court Grants Reinsurer’s Motion for Summary Judgment and Dismisses Action

Seneca Ins. Co. v. Everest Reinsurance Co., No. 11 Civ. 7846 (BF), 2013 U.S. Dist. LEXIS 151594 (S.D.N.Y. Oct. 17, 2013). A New York federal court granted summary judgment to a reinsurer and dismissed the cedent’s case...more

New York Federal Court Holds Facultative Certificate Cost-inclusive Under New York Law Where Cost-exclusiveness Not Expressly...

Utica Mut. Ins. v. Munich Reinsurance Am., Inc., No. 6:12-CV-0196 (LEK/ATB), 2013 U.S. Dist. LEXIS 141212, 2103 WL 5493704 (S.D.N.Y. Sept. 30, 2013). A New York federal court granted summary judgment to a reinsurer in...more

New York State Court Denies Late Notice Defense

New Hampshire Ins. Co. v. Clearwater Ins. Co., No. 653547/2011, 2013 N.Y. Misc. LEXIS 5117 (N.Y. Sup. Ct. Oct. 31, 2013). A New York State motion court granted part of a cedent’s motion for summary judgment in a case...more

Reinsurance Newsletter - December 2013

Recent Case Summaries - Michigan Federal Court Enjoins Arbitration Proceeding Because of Possible Misconduct - Star Ins. Co. v. Nat’l Union Fire Ins. Co., No. 13-13807, 2013 U.S. Dist. LEXIS 130379 (E.D. Mich....more

Reinsurance Newsletter - September 2013: New York Federal Court Applying California Law Allows Trial On Prejudice Because Of...

Ins. Co. of PA. v. Argonaut Ins. Co., No. 12 Civ. 6494 (DLC), 2013 U.S. Dist. LEXIS 110597 (S.D.N.Y. Aug 6, 2013). A New York federal court applying California law granted partial summary judgment to a reinsurer on the...more

Reinsurance Newsletter - September 2013: Indiana Court Of Appeals Affirms Grant Of Summary Judgment On Errors And Omissions...

Wellpoint, Inc. v. Nat’l Union Fire Ins. Co., 989 N.E.2d 845 (Ind. App.Ct. Jun. 19, 2013)(Memorandum Decision – Not For Publication). An Indiana state court of appeals affirmed a trial court grant of summary judgment...more

SDNY Predicts California Would Adopt Bad Faith Exception to Notice-Prejudice Rule

Introduction - The U.S. District Court in the Southern District of New York recently granted, in part, a reinsurer’s motion for summary judgment on a late notice defense, but ruled the issue of whether a reinsurer was...more

Patton Boggs Reinsurance Newsletter - June 2013: New York Federal Court Holds Illinois Law Applies; Finds for Reinsurer on Late...

AIU Ins. Co. v. TIG Ins. Co., No 07 Civ. 7052 (SHS), 2013 U.S. Dist. LEXIS 41716 (S.D.N.Y Mar. 25, 2013). In a rare late notice case, a New York federal court examined whether the cedent's notice under nine facultative...more

Patton Boggs Reinsurance Newsletter - March 2013: A Brief Review of Reinsurance Trends in 2012: Follow-The-Fortunes and...

In 2012, courts continued to recognize the viability of follow-the-fortunes and follow-the-settlements clauses. In United States Fid. & Guar. Co. v. Am. Re-Ins. Co., 939 N.Y.S.2d 307 (1st Dep't 2012), aff'd as modified, 2013...more

Patton Boggs Reinsurance Newsletter- March 2013: New York Federal Court Denies Motion to Reconsider on Reinsurer Summary Judgment...

We reported on this case in our December 2012 Reinsurance Newsletter. The managing agent moved to have the court reconsider its grant of summary judgment. ...more

REINSURANCE CLIENT ALERT: New York Court of Appeals Reverses Summary Judgment on Follow-The-Settlements Case

U.S. Fid. & Guar. Co. v. Am. Re-Ins. Co., No. 1 (N.Y. Ct of App. Feb. 7, 2013) - In a closely watched asbestos settlement allocation case, the New York Court of Appeals has modified the order of an intermediate...more

Patton Boggs Reinsurance Newsletter - December 2012: New Jersey Federal Court Grants Partial Summary Judgment to Retrocedent, But...

Munich Reinsurance Am., Inc. v. Am. Nat’l Ins. Co., No. 09:6435, 2012 WL 4475589 (D. N.J. Sept. 28, 2012). In a complicated retrocessional dispute, the New Jersey federal court granted in part and denied in part the...more

Patton Boggs Reinsurance Newsletter - December 2012: Illinois Federal Court Grants Summary Judgment to Cedent Under...

Arrowood Indemn. Co. v. Assurecare Corp., No. 11 CV 5206, 2012 WL 4340699 (N.D. Ill. Sept. 19, 2012). An Illinois federal court granted summary judgment to a cedent against its reinsurer in a dispute over settlement of...more

Patton Boggs Reinsurance Newsletter - December 2012: Texas Federal Court Finds for Managing Agent of Cedent Against Reinsurer

Lincoln Gen. Ins. Co. v. U.S. Auto Ins. Servs., Inc., No. 3:10-CV-2307-B, 2012 WL 3777408 (N.D. Tex. Aug. 30, 2012). A Texas federal court granted an underwriting agent’s motion for summary judgment in part in a...more

Patton Boggs Reinsurance Newsletter - December 2012: New York Federal Court Grants Reinsurer Summary Judgment on Most Claims Made...

Acumen Re Mgmt. Corp. v. Gen. Sec. Nat’l Ins. Co., No. 09 Civ. 796, 2012 WL 3890128 (S.D.N.Y. Sept. 7, 2012). A New York federal court was faced with cross-motions for summary judgment on a dispute over commissions...more

19 Results
|
View per page
Page: of 1