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Reinsurance Indemnification

Carlton Fields

Southern District of New York Rejects Reinsurer’s Claim that Exhaustion Provision Was Not Met; Concludes Indemnification Was...

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The United States District Court for the Southern District of New York rejected a reinsurer’s denial of a claim. The court disagreed with the reinsurer’s position than exhaustion language had not been satisfied, and found the...more

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SDNY Finds Cedent Entitled to Indemnification for $20 Million Settlement Payment Under English Law

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The question before the Southern District of New York was whether, under English law, certain facultative reinsurance policies obligated a reinsurer to indemnify its cedent for a $20 million settlement. The finding was...more

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South Carolina Federal Court Makes Two Rulings On Motions To Dismiss In Dispute Involving Reinsurance Trust Agreements

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This case was previously reported by us on our blog on January 5, 2016, June 28, 2016 and July 20, 2016. For the full procedural background, we refer to the recent November 3, 2016 and November 16, 2016 decisions. In sum,...more

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Summary Judgment Overturned In Coverage Dispute

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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

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Reinsurance Arbitration Dispute Transferred To Venues In Which Arbitrations Were Pending

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National Indemnity Company (NICO) sought an injunction in a Nebraska federal district court to prevent Transatlantic Reinsurance Company and its subsidiary (collectively, Transatlantic Re) from commencing arbitration against...more

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Court Orders Pre-Pleading Security Posted In Reinsurance Disputes

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Excalibur Reinsurance provided reinsurance to Travelers Indemnity. Disputes arose and Travelers filed two lawsuits against Excalibur in United States District Court in Connecticut. ...more

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Silence Is Golden: Reinsurer Ordered To Pay Prejudgment Interest To Insurance Company’s Liquidator On Agreement Silent As To...

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A New Hampshire insurance company, Home Insurance Company (“Home”), was placed in liquidation in 2003. When its reinsurer Century Indemnity Company (“CIC”) tried to claim an $8 million setoff from amounts owed to Home, the...more

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