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Reinsurance & Arbitration

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Issue #21, December 2009

Judge Orders Sun Life, Liberty Mutual to Arbitrate Dispute

A broadly-worded arbitration clause requires the parties to a reinsurance contract to arbitrate a dispute regarding their rights and liabilities under the


Policyholder May Proceed Against Swiss Re in West Virginia Court

A federal judge has denied Swiss Reinsurance Corp.'s motion to dismiss breach of contract and bad faith claims brought by an insured seeking coverage for


Cedent May Not Advance 'Advice of Counsel' Defense, Court Emphasizes

An appellate court has clarified a previous order in which it ruled that the scope of a cedent's waiver of attorney-client and work product privileges will not


AXA Belgium Seeks to Compel Century to Arbitrate Setoff Issue

AXA Belgium S.A. has asked a federal judge to compel Century Indemnity Co. to arbitrate the issue of whether AXA may set off sums it owes Century


Premium Claims Against Liquidator Remanded to State Court

A federal judge has remanded an unpaid premium action brought by Granite Reinsurance Company Ltd. against the liquidator of American Growers Insurance Co.


Judge Confirms Arbitration Award; Finds No Manifest Disregard

A federal judge has confirmed an arbitration award stating that the liquidator of American Integrity Insurance Co. cannot recover $8.9 million in billings


Service-Of-Suit Clause Waives Reinsurer's Removal Rights

A federal judge has remanded a dispute between the liquidator of Midland Insurance Co. and a Serbian reinsurance company, ruling that the service-of-suit clause


Arbitration: New Developments to Bring More Confidence

New developments provide an opportunity to examine what is available to help parties regain confidence and consider what remains to be done


Judge Confirms $6.6 Million Award, Denies Setoff Request

A federal judge has confirmed a $6.6 million arbitration award rendered in favor of Trustmark Insurance Co. and denied


Judge Denies <i>Vacatur</i> of $682,939 Attorneys' Fees Award

A federal judge has refused to vacate an arbitration award of $682,939 in attorneys' fees and costs in favor of Odyssey America Reinsurance Corp., ruling that


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