Reinsurance & Arbitration

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Current Issue

Law Firm Immune from Insurer’s Negligent Misrepresentation Claims, 5th Cir. Rules

A law firm is immune from claims that it negligently misrepresented the facts of a lawsuit to an insurer while representing its policyholder because the firm was acting within the scope of its representation of a client, a federal appeals court has ruled.

N.Y. Federal Judge Confirms Reinsurance Arbitration Award in Favor of Continental

A New York federal judge has confirmed an arbitration award requiring AXA Versicherung AG to pay Continental Insurance Co. $337,034, plus interest, pursuant to a retrocessional contract that covered Continental’s ceded asbestos and pollution losses.

Insurers Sue Equitas for $20 Million in Reinsurance Proceeds

Two insurers have sued Equitas Insurance Ltd. for breach of contract, seeking more than $20 million in allegedly outstanding reinsurance billings for underlying product liability losses sustained by Mine Safety Appliances Co.

Issue #129, December 2018

Health Insurer Seeks to Assert Claims of Fraudulent Inducement, Conspiracy in Beechwood Re Case

Senior Health Insurance Company of Pennsylvania seeks add claims of fraudulent inducement, conspiracy and aiding and abetting in a lawsuit accusing Beechwood Re and its founders of investing $320 million of its assets with the affiliates of a failed Ponzi scheme.

2nd Cir. Upholds Dismissal of Breach of Contract Action Against Zurich

A federal appeals court has upheld dismissal of a breach of contract action filed against Zurich American Insurance Co. by its policyholders, affirming that the insurer was authorized under the policy to settle a coverage claim filed by a third party.

Ala. Federal Judge Issues Judgment for Munich Re in $1.3 Million Flood Coverage Case

An Alabama federal judge has issued a judgment in favor of Munich Reinsurance Co. in a $1.3 million dispute over reinsurance coverage for flood claims, following an arbitration award rendered in the reinsurer’s favor.

Reinsurers Ask D.C. Federal Judge to Reconsider Allowing Insured’s Lawsuit to Proceed

Three reinsurers have asked a District of Columbia federal judge to reconsider his decision allowing Vantage Commodities Financial Services Inc. to proceed with its claims of breach of implied contract, promissory estoppel and unjust enrichment in a lawsuit in which it seeks payment of a $26 million judgment.

Insurer May Amend Fraud, RICO Claims in Lawsuit Against Beechwood Re, Judge Rules

A New York federal judge has allowed claims of breach of fiduciary duty and gross negligence to proceed against Beechwood Re and its founders in a lawsuit accusing them of investing $320 million of a health insurer’s assets with the affiliates of a failed Ponzi scheme.

Special Master Recommends Against Bifurcation in $1 Million Reinsurance Case

A special master has recommended against bifurcation of proceedings in a case in which Amerisure Mutual Insurance Co. seeks nearly $1 million in reinsurance coverage for asbestos claims, concluding that resolution of the contractual issues will not resolve the threshold issue of uberrima fides.

Neb. Federal Judge Denies Motion for Summary Judgment in Applied Underwriters Case

A Nebraska federal judge has denied a motion for summary judgment filed by a former Applied Underwriters plan participant accused of breaching a reinsurance participation agreement, ruling that there are genuine issues of material fact as to the amount due under the agreement.

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