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Reinsurance & Arbitration

Reinsurance is an ever-changing industry and the competition is getting tougher. To maintain their edge, even the most seasoned litigators require an insider's knowledge of the latest news, issues and strategies. There's an easy way to stay on top all of the latest reinsurance-related legal developments. Subscribe to HarrisMartin's Reinsurance & Arbitration Report, a publication and online resource from HarrisMartin Publishing.


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Current Issue

Reinsurer Asks Ill. Federal Judge to Impose Sanctions Against Legion Liquidator

A reinsurer has asked an Illinois federal judge to levy sanctions against the liquidator of Legion Indemnity Co., arguing that her motion to vacate an arbitration award of $422,680 in attorneys’ fees to the reinsurer has no reasonable chance of success.


"Is an 'Appraisal' an 'Arbitration' and If So, What Issues Can be Addressed and What Level of Due Process Applies?"

Robert M. Hall discusses appraisals in the reinsurance context and the questions that arise as to what law applies to such appraisals, whether or not the appraisers consider related legal and coverage issues, and what level of due process is required.


Issue #136, July 2019

8th Cir. Vacates Confirmation of Award Over Lack of Personal Jurisdiction

Guest contributor Brendan Gooley of Carlton Fields discusses the 8th Circuit U.S. Court of Appeals' vacatur of a judgment confirming an arbitration award after concluding that the district court lacked personal jurisdiction over the defendant.


AmTrust’s Breach of Contract Claim to Proceed Against Captive Reinsurer

A New York federal judge has refused to dismiss AmTrust North America Inc.’s claims that a captive reinsurer breached a reinsurance agreement by failing to post the full amount of security required by the contract.


Odyssey Re Settles Fraud Claims Against Claims Processor, CEO

Odyssey Reinsurance Co. has settled its claims against Claim Technology Services Corp. and its chief executive officer in which it accused them of helping to drain the assets of a now-insolvent insurance agency to avoid paying a court judgment in Odyssey's favor.


RICO Claims in Security Benefit Life Case Reverse-Preempted, Kan. Federal Judge Rules

A Kansas federal judge has dismissed claims that Security Benefit Life Insurance Co. violated the Racketeer Influenced Corrupt Organizations Act by entering into reinsurance transactions designed to make the insurer appear financially healthy to investors while selling them low-performing annuities.


Neb. Federal Applied Underwriters Case Stayed Pending N.J. Ruling

A Nebraska federal magistrate judge has stayed an Applied Underwriters workers’ compensation coverage dispute pending a ruling in a similar case in New Jersey court as to whether the policies at issue violated that state’s insurance laws.


AUCRA May File 4th Amended Answer in Neb. Federal Workers’ Comp Coverage Case

A Nebraska federal judge has allowed Applied Underwriters Captive Risk Assurance Co. and its affiliates to file a 4th amended answer in a workers’ compensation coverage dispute, allowing them to plead over the arguments raised in the plaintiffs’ motion to dismiss.


Reinsurance Case Stayed Due to Puerto Rican Insurer’s Rehabilitation

A Puerto Rican federal judge has stayed an action seeking reinsurance coverage for two hurricanes that hit the island in 2017, explaining that the plaintiff insurer has entered rehabilitation proceedings.


Calif. Federal Judge Awards Odyssey Re Nearly $4 Million in Fraud Action

A California federal judge has awarded Odyssey Reinsurance Co. summary judgment on its claims against the former owners of Cal-Regent Insurance Services Corp., ordering them to pay the reinsurer nearly $4 million in profits they reaped from the sale of the insurance agency.


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