Reinsurance & Arbitration
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Issue #137, August 2019
The filed-rate doctrine bars a lawsuit accusing a mortgage provider, a reinsurance broker, and an insurer of conspiring to overcharge lenders for force-placed hazard insurance coverage, a New Jersey federal judge has ruled, because they impermissibly challenge rates approved by state regulators.
Rachel J. Schwarz of Carlton Fields summarizes the 3rd Circuit U.S. Court of Appeal's recent ruling in a RESPA action involving mortgage insurance and reinsurance.
A Texas federal judge has refused to award a group of captive insurers summary judgment on a claim that they breached a services agreement by refusing to return certain policy and pricing information to Capstone Associated Services Ltd. upon termination of the agreement.
Applied Underwriters Captive Risk Assurance Co. has agreed to settle its claims alleging that a group of California employers owe $375,689 under a reinsurance participation agreement, according to a Nebraska federal magistrate judge’s order.
Two of the three plaintiffs in a dispute involving Applied Underwriters Inc.’s workers’ compensation program and related reinsurance participation agreement have told a California federal judge that they agreed in principle to settle the matter.
Nora Valenza-Frost of Carlton Fields examines the Southern District of New York's recent ruling that New York Insurance Law section 1213(c)(1), requiring that foreign insurers post sufficient security, applied to a foreign reinsurer in liquidation, in order for the defendant to file its motion to dismiss and compel arbitration.
Guest editor Brendan Gooley of Carlton Fields examines the 5th Circuit U.S. Court of Appeal's recent ruling that whether class arbitration is appropriate under the terms of a particular arbitration agreement is a “gateway” issue to be decided by courts, not an arbitrator, absent “clear and unmistakable” language to the contrary.
The trustees of a mine workers’ pension plan have sued a Bermuda reinsurer in District of Columbia federal court, demanding $934 million in withdrawal liability payments allegedly owed to the plan pursuant to the Employee Retirement Income Security Act.
A Texas federal judge has denied a policyholder’s request for a preliminary injunction in a lawsuit accusing a life insurer of charging exorbitant premiums after assuming policies from another insurer via an assumption reinsurance agreement.
The Ninth Circuit U.S. Court of Appeals has dismissed an appeal challenging an order that nearly $1 million in funds held in a court registry belongs to Odyssey Reinsurance Co. pursuant to a 2015 judgment issued against Cal-Regent Insurance Services.