Reinsurance & Arbitration

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Issue #7, October 2008

OneBeacon to Appeal Confirmation of Awards in Favor of EMLICO

OneBeacon America Insurance Co. will appeal a New York federal judge's confirmation of two arbitration awards in which the reinsurer's claims for rescission

Iowa High Court Denies Reconsideration in Preemption Case

The Iowa Supreme Court on Aug. 28 refused to reconsider its ruling that ERISA does not preempt a state regulation allowing for "always secondary" policies

Issue #6, September 2008

Appellate Court Remands Bad Faith Case Against Swiss Re

A state appeals court has remanded a bad faith action brought against Swiss Reinsurance Corp. by a policyholder seeking coverage for a securities action

Reinsurer Demands Contribution For Construction Defects Settlement

Clarendon National Insurance Co. is demanding more than $1 million in contribution from a commercial general liability insurer toward

CNA, SCOR Agree To Stay Dispute Pending Settlement Talks

CNA and SCOR Reinsurance Co. have jointly moved for a stay of their dispute over whether a commutation terminated certain facultative contracts

Allstate, Transatlantic Battle Over Coverage for Asbestos Claims

Allstate Insurance Co. is battling Transatlantic Reinsurance Co. over whether underlying asbestos claims were misallocated

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

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