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Sixth Circuit: Ceding Company Collaterally Estopped from Relitigating Issue Decided Against It in Arbitration with Different...

In an unpublished decision, the United States Court of Appeals for the Sixth Circuit in Amerisure Mut. Ins. Co. v. Swiss Reinsurance America Corp., No. 24-1492 (6th Cir. Nov. 4, 2025) affirmed the district court’s grant of...more

Second Circuit Affirms $54 Million Judgment for Loss "Arising From" Insurrection

In CITGO Petroleum v. Ascot Underwriting Limited, et al., Case No. 24-227 (2d Cir. 2025), the U.S. Court of Appeals for the Second Circuit recently affirmed a $54.2 million judgment (plus interest) in favor of CITGO Petroleum...more

No Implied Novation by Silence, Says Massachusetts District Court

In Sparta Insurance Company v. Pennsylvania General Insurance Company, Civ. No. 21-11205-FDS (D. Mass. Sept. 30, 2025), the United States District Court for the District of Massachusetts held that the obligations of...more

Fourth Circuit Clarifies Standards for Enforcing Foreign Arbitral Awards

In Employers’ Innovative Network v. Bridgeport Benefits, No. 24-1350 (4th Cir. July 18, 2025), Employers contracted with Bridgeport, Capital Security, Inc., and a few other parties to obtain and administer employee health...more

Procedurally Flawed: District Court Quashes Arbitration Subpoena in Reinsurance Dispute

In Liberty Corporate Capital Limited v. Gallagher Re, Inc., Case No. 8:25-MC-10-MSS-TGW (M.D. Fla. April 24, 2025), Liberty sought to enforce a subpoena issued by the arbitration panel in a reinsurance dispute to Gallagher,...more

Fifth Circuit: "Manifest Disregard of the Law" Cannot Be Grafted to FAA as a Basis for Vacatur of Arbitration Award

In affirming a district court’s denial of a petition to vacate an arbitration award, the U.S. Court of Appeals for the Fifth Circuit recently rejected the argument “that manifest disregard of the law remains viable as an...more

Fifth Circuit: Reference to Defunct Entity Did Not Abrogate Intent to Arbitrate

The Fifth Circuit Court of Appeals recently reversed a district court’s denial of a motion to compel arbitration, finding that the parties’ arbitration clause expressed a clear intent to arbitrate and that the reference in...more

Captive Insurer Update: Contingent Business Interruption Claims, Reinsurance, and the Southern California Wildfires

Captive insurers can offer enhanced control over coverage, claims, and premiums; however, they also face specific challenges when dealing with large-scale coverage events that have highly uncertain scopes, particularly when...more

California District Court Compels Arbitration of Reinsurance Dispute

A California federal district court recently compelled arbitration of a reinsurance dispute, finding that it “had little difficulty concluding that this case falls within the parties’ arbitration agreement.” Truck Insurance...more

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