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Issue #139, October 2019

Panel has Jurisdiction Over Reinsurance Billing Dispute, N.Y. Federal Judge Rules

An arbitration panel that issued a final award in 2017 that resolved a reinsurance billing dispute has jurisdiction to hear a dispute over a subsequent reinsurance billing because it arose from the “protocols” established by the final award, a New York federal judge has ruled.


N.H. Federal Reinsurance Action Dismissed in Deference to Parallel N.J. Case

A New Hampshire federal judge has dismissed a $20 million reinsurance action filed by United States Fire Insurance Co. and North River Insurance Co. against several insurers, in deference to a parallel action pending in New Jersey state court.


Ga. Federal Court Dismisses Petition to Confirm Interim Award

Guest contributor Alex Silverman discusses the Northern District of Georgia's recent holding that because an interim award did not definitively dispose of any independent claim submitted to arbitration, the court lacked subject-matter jurisdiction over a petition to confirm the award.


9th Cir. Reverses Dismissal of Case Involving Foreign Arbitration Award

Guest contributor Benjamin Stearns of Carlton Fields discusses the 9th Circuit U.S. Court of Appeals' ruling that foreign decisions should be accorded deference unless an underlying issue renders the judgment suspect.


High Court Declines to Decide Whether Stay is Required After Claims Sent to Arbitration

Despite a circuit split, the U.S. Supreme Court has declined to weigh in on the question of whether a court should stay, rather than dismiss, a proceeding upon a party’s request after granting a motion to compel arbitration.


Action Targeting Applied Underwriters Reinsurance Participation Agreement Dismissed

The plaintiffs in a Nebraska federal case involving a workers’ compensation insurance program and accompanying reinsurance participation agreement have dropped their claims against Applied Underwriters Inc. and its captive reinsurer.


Insurance Fund Appealing Award of Summary Judgment to Railroad in Mine Damages Case

An Illinois insurance fund is appealing a federal trial court’s award of summary judgment to a railroad company in a reinsurance dispute over payments for mine subsidence damages.


Reinsurers Oppose Lamorak’s Motion to Compel Discovery of Olin Settlement Info

London Market Reinsurers (LMR) have opposed Lamorak Insurance Co.’s motion compel them to produce documents and interrogatories relating to its 2009 settlement of pollution claims with Olin Corp., arguing that a Massachusetts state court has already determined that the information is not discoverable.


Judge Refuses to Dismiss Lawsuit Against Puerto Rican Insurance Regulators

A Puerto Rico federal judge has refused to dismiss a lawsuit filed by the owners of Integrand Assurance Co. against Puerto Rican insurance regulators, accusing them of conspiring to harm the insurer’s reputation and hamper its ability to regain financial stability in the wake of hurricane-related losses.


HHS’s Offset of Insolvent Insurer’s Debt Violated Colo. Law, Federal Judge Rules

A federal judge has ruled that Colorado law bars the U.S. Department of Health and Human Services from using money owed to an insolvent insurer to pay sums the insurer owes under the Patient Protection and Affordable Care Act’s (ACA) reinsurance and risk-adjustment programs.


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