Reinsurance & Arbitration
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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
Insurance Company of the State of Pennsylvania has dropped its lawsuit accusing two reinsurers of refusing to pay their share of a settlement of asbestos claims filed against C.F. Braun & Co.
'Destination Arbitration: Court Holds Service-Of-Suit Clause Does Not Conflict With Policy’s Arbitration Requirement'
Daniel G. Enriquez of Carlton Fields discusses Southwest LTC-Management Services, LLC v. Lexington Insurance Co., in which the Eastern District of Texas held that a service-of-suit endorsement did not supersede the arbitration clause in the policy.
A majority of the U.S. Supreme Court has ruled that courts may not infer from an ambiguous arbitration agreement that the parties have consented to arbitrate on a classwide, rather than individual, basis.
A Puerto Rican insurer says its dispute with a group of reinsurers over coverage for two hurricanes is not arbitrable because the arbitration clause in the reinsurance contracts at issue is null and void.
Robert M. Hall discusses selected case law to determine what level or type of “reasoning” in awards is necessary to avoid an award being vacated or remanded for clarification.
Issue #134, May 2019
The Republic of Nicaragua and a Nicaraguan insurer have moved to dismiss a lawsuit in which the owner of a plastics factory is seeking coverage for a 2003 fire, ruling that the action does not belong in the United States.
Century Indemnity Co. has asked a Massachusetts federal judge to order arbitration of its reinsurance dispute with Certain Underwriters at Lloyd’s, London, arguing that awards issued in a prior arbitration do not preclude its arbitration demand.
The liquidator of Legion Indemnity Co. has moved to vacate or modify an arbitration award, arguing that the panel exceeded its powers and manifestly disregarded the law by awarding $422,680 in attorneys’ fees to a reinsurer.
A New York federal judge has confirmed a $166,624 arbitration award, ruling that a party waived his right to challenge an arbitrator’s failure to disclose a possible financial interest by failing to timely lodge an objection.