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Issue #144, March 2020

Bermuda Reinsurer Says Dispute Over Trust Account Funds Not Arbitrable

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.


Underwriting Manager Moves to Compel Arbitration of Cedent’s Lawsuit

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.


Cedent Counterclaims Against Reinsurer for Breach of Contract in Okla. Federal Action

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.


Claim Preclusion Bars 2nd Arbitration in Applied Underwriters Action, Neb. Appeals Court Affirms

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.


Owners of New Orleans Restaurant Seek COVID-19 Coverage Declaration in New Lawsuit

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.


Reinsurer Moves to Dismiss Bad Faith Claim in Breach of Contract Action

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.


"A Reinsurer’s Right to Associate and Intervene Under the Federal Rules of Civil Procedure"

Frequent contributor Robert M. Hall discusses case law concerning reinsurer intervention in litigation involving the primary insurer.


Ga. Federal Judge Orders Arbitration of Reinsurance Dispute; Cedent Appeals

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.


Wash. Federal Judge Refuses to Send $8.9 Million Reinsurance Dispute to Arbitration

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.


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