Reinsurance & Arbitration
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Issue #144, March 2020
A Bermuda-based reinsurer has asked a New York federal court to rule that a dispute involving a reinsurance trust agreement is not arbitrable and must be adjudicated in court.
An underwriting management organization has moved to compel arbitration of a lawsuit accusing it of wrongfully denying a claim filed under a stop loss excess reinsurance contract, arguing that the claims are intertwined with the coverage issues that are already being arbitrated.
A cedent has filed a counterclaim against a reinsurer in a declaratory judgment action involving coverage for a 2016 deadly vehicle accident, arguing that it breached a reinsurance agreement by refusing to honor its alleged obligations.
A dispute involving an Applied Underwriters reinsurance participation agreement is not arbitrable because the issues were already decided in a previous arbitration, a Nebraska appeals court has affirmed.
Guest Summary: 'Court Upholds Arbitration Provision Despite Allegations of Fraud in Contract’s Execution'
Michael Wolgin of Carlton Fields discusses a recent New Jersey federal court ruling that unless a plaintiff challenges the validity of an arbitration provision itself, the dispute over the validity of the contract as a whole must be arbitrated.
The owners of a New Orleans restaurant have sued Certain Underwriters of Lloyd’s, London in Louisiana state court, seeking coverage under an “all risk” insurance policy for potential losses arising from the COVID-19 pandemic.
A reinsurer has moved to dismiss a bad faith claim in a reinsurance breach of contract action, arguing that the remedy is not available in disputes arising from a reinsurance treaty.
Frequent contributor Robert M. Hall discusses case law concerning reinsurer intervention in litigation involving the primary insurer.
A Georgia federal judge has ordered arbitration of a reinsurance dispute, ruling that the reinsurer is not a “run-off reinsurer” as defined by the reinsurance contracts, therefore, the arbitration provision in those contracts is not void.
A Washington federal judge has refused to compel arbitration of a dispute in which a public entities self-insurance association is demanding $8.9 million in reinsurance for its settlement of police misconduct and excessive force claims brought against two cities.