Reinsurance & Arbitration

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Issue #7, October 2008

Judge Stays Litigation Pending Settlement Talks in Commutation Dispute

A federal judge has stayed a dispute over whether a 2006 commutation agreement terminated certain facultative reinsurance contracts

Federal Judge Issues $669,478 Judgment Against Offshore Captive

A federal judge has ordered Ramona Tire Inc.'s offshore captive to pay Frontier Insurance Co.'s rehabilitator $669,478

Insured May Not Proceed Directly Against Reinsurer, Federal Judge Rules

A federal judge has ruled that the lack of a cut-through clause in a reinsurance contract prevents a policyholder from bringing claims against a reinsurer

Retrocessionaires Seek Confirmation of Award in $1.7 Million Case

In a $1.7 million dispute involving asbestos and pollution losses, retrocessionaires have asked a federal judge to confirm an arbitration award

Lyndon Seeks Confirmation of Award Against Founders Insurance

Lyndon Property Insurance Co. has asked a federal judge to confirm a confidential arbitration award against its reinsurer

Oral Waiver was Lawful, Illinois Union Maintains

Illinois Union Insurance Co. asserts in a recent appellate brief that a federal magistrate judge improperly barred the law firm of Crowell & Moring

NICO Opposes 'Rearbitration' of Fraud, Rescission Claims

National Indemnity Co. has asked a federal judge to refuse to send reinsurers' rescission claims to arbitration, arguing that the claims were already arbitrated

Federal Magistrate Judge Orders TIG to Produce 256 Documents

A federal magistrate judge has ordered TIG Insurance Co. to release 256 documents to AIU Insurance Co. in a $12.3 million action

NICO Says Veil-Piercing Claims Should Survive Motions to Dismiss

National Indemnity Co. is urging a federal judge to allow breach of fiduciary duty claims to proceed against the owners of Seaton Insurance Co.

Federal Judge Orders Harel to Pay North Star $98,528

A federal judge has issued a default judgment requiring Harel Insurance Co. to pay North Star Reinsurance Corp. $84,124 pursuant to two retrocessional treaties

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