Reinsurance & Arbitration

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Current Issue

Reinsurer Moves to Dismiss Amended Complaint for Lack of Jurisdiction

A reinsurer has moved to dismiss a cedent’s amended complaint seeking payment of a $139,000 claim made under an excess reinsurance agreement, arguing the Florida federal court lacks subject matter jurisdiction because both parties are alien corporations.

Texas Appeals Court Upholds Summary Judgment Award to Reinsurer in Annuity Payout Case

A Texas appeals court has upheld an award of summary judgment to a reinsurer on a breach of contract claim in an annuity payout dispute, ruling there is no question of fact as to whether the plaintiff insurer performed its obligations under the subject reinsurance agreement.

Reinsurers Oppose Policyholder’s Motion to File Amended Complaint for Breach of Contract

A group of reinsurers has opposed Vantage Commodities Financial Services Inc.’s efforts to file an amended complaint against them in a lawsuit seeking payment of a $26 million judgment.

Ill. Appeals Court Denies Applied Underwriters’ Motion to Compel Arbitration

An Illinois appellate court has upheld a denial of Applied Underwriters Inc.’s motion to compel arbitration of a workers’ compensation dispute involving two reinsurance agreements, ruling that the application of the McCarran-Ferguson Act reverse preempts the Federal Arbitration Act.

Insurer Asks Ohio Federal Court to Appoint Umpire to Oversee Reinsurance Dispute

An insurer has asked an Ohio federal court to appoint an umpire to oversee its reinsurance dispute with Hannover Life Reassurance Company of America, arguing that the parties have reached an impasse in the appointment process.

Texas Federal Judge Dismisses RICO Claims in Battle Over Texas Car Dealer’s Estate

A Texas federal judge has dismissed RICO claims asserted by two offshore reinsurers and their owner in a battle over the estate of a Texas car dealer, agreeing with a magistrate judge that the plaintiffs did not adequately plead at least two predicate acts of mail and wire fraud.

The Reinsurance Follow the Fortunes Doctrine: Purely Contractual or Always Present?

Roland C. Goss of Carlton Fields Jorden Burt addresses the question of whether the follow the fortunes doctrine applies to a reinsurance relationship where the reinsurance agreement does not contain a follow the fortunes provision.

Medical Insurer Files Amended Complaint Against Reinsurer, Seeks Payment of $139,000 Claim

A medical insurance provider has filed an amended complaint against its reinsurer in Florida federal court, seeking payment of a $139,000 claim made under an excess reinsurance agreement.

National Union Asks N.Y. Judge to Appoint Umpire to Oversee Reinsurance Arbitration

National Union Fire Insurance Co. has asked a New York court to appoint an umpire to oversee its reinsurance dispute with Employers Insurance Company of Wausau, explaining that the parties have reached an impasse in the selection process.

Plaintiffs Move for Class Certification in Applied Underwriters Fraud Action

A hearing will be held in November on plaintiffs’ motion for class certification in a California federal case targeting Applied Underwriters Inc.’s “EquityComp” and “SolutionOne” workers’ compensation insurance programs, according to a recent filing.

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