Reinsurance & Arbitration
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"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
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.
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.
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.
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.
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.
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
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.
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.
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.