Reinsurance & Arbitration

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Issue #6, September 2008

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

Judge Seals Documents in CNA, SCOR Commutation Dispute

A federal judge has sealed documents containing communications between CNA subsidiaries and SCOR Reinsurance Co. in a dispute over whether

MGA's Fee is a 'Loss Adjustment Expense,' Texas Appeals Court Rules

A $1.3 million "claims start up fee" charged by a managing general agent should be included in calculating losses incurred by a reinsurer

Judge Tosses Complaint Against Administrators; Grants Leave To Amend

A federal judge has dismissed Swiss Reinsurance America Corp.'s lawsuit against a group of reinsurance administrators

Issue #5, August 2008

Federal Judge Sends Service Contract Dispute to Arbitration

A battle over reinsurance coverage for extended motor vehicle service contracts was sent to arbitration on Aug. 1 by a federal judge

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