Reinsurance & Arbitration

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Current Issue

"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

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.

Lawsuit Accusing Banner Life of Shifting Debt to Reinsurers Nears Settlement

The parties in an action accusing Banner Life Insurance Co. of shifting its debt to offshore reinsurers in order to hide its “questionable” solvency have told a Maryland judge that they reached a settlement agreement in principal.

'Does 28 U.S.C. § 1782 Permit Discovery for Use in Private Arbitrations?'

Roland C. Goss discusses whether §1782(a) can be used to obtain evidence in the United States for use in foreign or international private arbitrations, i.e., an arbitration resulting from a private contractual agreement to resolve certain disputes by arbitration.

Issue #135, June 2019

Reinsurer Seeks to Renew Motions for Summary Judgment in N.Y. Federal Action

Century Indemnity Co. has asked to renew its motions for partial summary judgment on allocation and collateral estoppel in a New York federal lawsuit accusing it of breaching two reinsurance certificates issued to Utica Mutual Insurance Co.

AUCRA Must Pay Employer $80,000, Plus Arbitrator Fees, Calif. Federal Judge Says

A California federal judge has ruled that an arbitrator properly ordered Applied Underwriters Captive Risk Assurance Company Inc. to pay an employer $79,167, plus five percent interest in a dispute over sums owed under two reinsurance participation agreements.

Insurers Accused of Hiding Financial Conflict of Interest from Plan Participants

A Boston man seeking long-term disability benefits has accused two insurers of violating the Employee Retirement Income Security Act by failing to disclose their reinsurance relationship with one another to plan participants.

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