Reinsurance & Arbitration

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Issue #137, August 2019

Filed-Rate Doctrine Bars Force-Placed Insurance Lawsuit, N.J. Federal Judge Rules

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.

Third Cir. Says Statute of Limitations Not Extended for Class Action

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.

Capstone’s Breach of Contract Claim to Proceed Against Captive Insurers in Texas Federal Court

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 Reinsurer Settles Claims Against Calif. Employers

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.

2 of 3 Plaintiffs Agree to Settle Fraud Claims Against Applied Underwriters

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.

N.Y. Federal Court Punts Request for Foreign Reinsurer to Post Security Back to Arbitrators

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.

5th Cir. Holds Propriety of Class Arbitration is 'Gateway' Issue for Courts

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.

Pension Plan Trustees Sue Bermuda Reinsurer for $934 Million

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.

Preliminary Injunction Denied in Dispute Involving Assumption Reinsurance Agreement

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.

9th Cir. Dismisses Appeal in Odyssey Re Fraud Action in Wake of Settlement

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.

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