Defendants wanted to examine GEICO’s Rule 30(b)(6) witness about GEICO’s special investigation unit practices, protocols and guidelines, as well as its resources and procedures devoted to claim verification and fraud...more
5/2/2018
/ Depositions ,
Discovery ,
FRCP 30(b)(6) ,
GEICO ,
Insurance Fraud ,
Insurance Litigation ,
Litigation Strategies ,
Motions to Quash ,
Non-Parties ,
Subpoenas ,
Witnesses
Defendant, Munich Re, moved for summary judgment relating to defense costs and allocation and Plaintiff, Utica, moved for summary judgment as to Munich Re’s claim for reimbursement. The Court denied the motions with the...more
4/30/2018
/ Breach of Contract ,
Endorsements ,
Follow-the-Fortunes Clause ,
Insurance Litigation ,
Legal Costs ,
Policy Terms ,
Reimbursements ,
Reinsurance ,
Summary Judgment ,
Umbrella Policies ,
Utica Mutual Insurance Co.
County of Suffolk v. Lexington Ins. Co., Case Number 604661-2017, Supreme Court of the State of New York, Suffolk County -
Under New York law, the requirement of a fortuitous loss is a necessary element for coverage to...more
4/17/2018
/ Breach of Contract ,
Covenant of Good Faith and Fair Dealing ,
Denial of Insurance Coverage ,
Duty to Defend ,
E&O Insurance ,
Energy Sector ,
Insurance Industry ,
Insurance Litigation ,
Justifiable Reliance ,
Leases ,
NY Supreme Court ,
Parking Lots ,
Promissory Estoppel ,
Solar Panels ,
State and Local Government ,
State Contractors ,
Wrongful Acts
The filed-rate doctrine precluded recovery of deficiency assessments the Workers’ Compensation Reinsurance Association (WCRA) levied against employers which were alleged to have been wrongfully collected in 2013 and 2014 when...more
Where a Loan Agreement’s arbitration provision stated disputes “will be resolved by Arbitration, which shall be conducted by the Cheyenne River Sioux Tribal Nation by an authorized representative in accordance with its...more
4/9/2018
/ Arbitration ,
Arbitration Agreements ,
CashCall ,
Consumer Financial Products ,
Contract Terms ,
Financial Services Industry ,
Forum ,
Illusory Contracts ,
Native American Issues ,
Online Marketplace Lending ,
Tribal Loans
Following a Greek arbitration, Petitioner sought to confirm an arbitration award and enter judgment in the U.S. District Court for the District of Columbia. The arbitral award was issued on July 2, 2013 for €39,818,298 in...more
The Tenth Circuit Court of Appeals determined that an ADR provision of an agreement which called for arbitration, but also indicated that either party may “notwithstanding any provision of law bring an action against the...more
3/20/2018
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Binding Arbitration ,
De Novo Standard of Review ,
Federal Arbitration Act ,
Native American Issues ,
State and Local Government ,
Tribal Governments ,
Unenforceable Contract Terms
The U.S. District Court for the Northern District of California denied a petitioner’s motion to vacate an arbitration award on the grounds of the award being “irrational and illogical,” erroneous, and that the arbitrator...more
The Fourth Circuit, noting that expansive general arbitration clauses will not suffice to force the arbitration of arbitrability disputes, looked at whether the parties’ express incorporation of JAMS Rules constituted “clear...more
When is a misrepresentation material on an application for insurance coverage? The Ninth Circuit affirmed a decision from the Central District of California, finding that an answer on an application for D&O insurance was a...more
Plaintiff argued both the delegation clause and the arbitration provision of the agreement at issue were unconscionable, requiring the trial court to resolve the merits of the challenge, which it did not. ...more
Finding Montana law was inapplicable to the subject insurance policy under both federal maritime choice-of-law principles and the policy language, the Ninth Circuit Court of Appeals determined that an arbitration clause was...more
2/5/2018
/ American Arbitration Association ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Choice-of-Law ,
Federal Arbitration Act ,
Forum Selection ,
Insurance Industry ,
Insurance Litigation ,
Marine Insurance ,
McCarran-Ferguson Act ,
Policy Terms ,
State and Local Government ,
Venue
Seeking reimbursement of fees paid, allegedly by mistake, under the transitional reinsurance program in the Patient Protection and Affordable Care Act (“ACA”), the trustees of the Twin City Pipe Trades Welfare Fund’s sued the...more
A Texas federal court determined that, pursuant to the parties’ contract, the dispute was not arbitrable because the plain language of the arbitration clause expressly excluded suits that involved requests for injunctive...more
Following a jury trial, Utica Mutual Insurance Company was awarded $35 million, plus interest ($29,092,191.78) on its claims against Fireman’s Fund Insurance Company to enforce the terms of the certificates of reinsurance...more
After 14 years, the Commissioner of Insurance of the Virgin Islands has been discharged as conservator of Phoenix Fire and Marine Insurance Company (“Phoenix”). The Commissioner reported that: $15,936,228.13 had been paid to...more
Defendant Golden Isles Reinsurance Company, Limited (“Golden Isles”) sought detailed information regarding individual claims Canal Insurance Company (“Canal”) submitted for reimbursement under the parties’ reinsurance...more
A Colorado federal court affirmed a FINRA arbitration award, despite a cross-motion to vacate the award on the bases of alleged panel misconduct; exceeding its powers; manifest disregard of the law; and that the award did not...more
Claimant’s application under s. 68(2)(d) of the Arbitration Act 1996 alleged serious irregularity in the award of an arbitral tribunal alleging the tribunal failed to deal with all the issues that were put before it, and...more
Applying Delaware law, a South Carolina District Court found Plaintiff had properly pled its causes of action for breach of contract, breach of fiduciary duty, negligence/gross negligence and negligent misrepresentation...more
10/25/2017
/ Banking Sector ,
Breach of Contract ,
Breach of Duty ,
Duty of Care ,
Fiduciary Duty ,
Fronting Policies ,
Good Faith ,
Gross Negligence ,
Insurance Industry ,
Insurance Litigation ,
Motion to Dismiss ,
Negligence ,
Negligent Misrepresentation ,
Trust Accounting ,
US Bank National Association
Applying Washington law, the Ninth Circuit Court of Appeals affirmed a California federal court’s ruling that Amazon’s Conditions of Use (COU) created a valid contract between Amazon and its customers, and there was no...more
10/23/2017
/ Amazon Marketplace ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Contract Terms ,
E-Commerce ,
Internet Retailers ,
Mandatory Arbitration Clauses ,
Retail Market ,
Terms of Use ,
Unconscionable Contracts
The bill defines a dormant captive insurance company as one that (1) did not contract for any direct premium or reinsurance premium for a full calendar year, (2) is not obligated as an insurance company under any contract of...more
A municipality sued the company that constructed its water treatment facility, in connection with contaminants found in the water supply. The parties had entered into a series of agreements which contained choice of law and...more
Defendant provided the district court with copies of two contracts – a Reinsurance Participation Agreement and a Request to Bind – that were purportedly signed by Plaintiff’s CEO and contained arbitration clauses....more
The question presented was whether the arbitrator had the authority to certify a class that included absent class members, i.e., employees other than the named plaintiffs and those who have opted into the class. Finding the...more