Reinsurance & Arbitration

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Issue #6, September 2008

TIG Sues Century in Federal Court For $1.33 Million, Future Sums

In a new suit, TIG Insurance Co. demands $1.33 million from Century Indemnity Co. for the settlement of asbestos claims brought against

Reinsurance Setoff and Assigned Rights

Robert Hall discusses the rich history of case law concerning the application of setoff rights by reinsurers in the receivership proceedings of their cedents

Federal Judge Sends $8 Million Battle to Arbitration

A Pennsylvania federal judge has sent a dispute over $8 million in collateral to arbitration,

Reinsurer Bound by Follow-The-Fortunes Language

The doctrine of follow-the-fortunes requires Employers Reinsurance Corp. to reimburse its cedent for settlements made

Guarantors Ordered to Post $70 Million on Reinsurer's Behalf

Pursuant to an interim arbitration award, a federal judge has ordered the guarantors of a reinsurance contract to post $70 million in security

Illinois Appellate Court Affirms Stay of Action Pending Arbitration

Discovery complications warrant stay of a declaratory action filed by certain reinsurers of Boeing Co.'s captive insurer pending a related arbitration

Arbitration Provision Trumps Service of Suit Clause, U.K. Court Rules

An arbitration clause in a political risk policy trumps a service of suit clause and therefore prevents the insured from proceeding with a suit against

United National May Submit Evidence of Aon's Alleged Omissions

A cedent may present evidence of claims information allegedly withheld by a broker in marketing an insurance program to a foreign reinsurer

Judge Preliminarily Approves $84.6 Million SCOR/Converium Settlements

A federal judge has preliminarily approved proposed settlements totaling $84.6 between SCOR Holding Switzerland AG and U.S. investors

U.K. Justice Refuses to Stay Allstate/Equitas Commutation Dispute

An English justice has refused to stay a dispute over whether a 2004 commutation agreement relieves Allstate Insurance Co. of its obligations to

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