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Issue #146, May 2020

'Second Circuit Confirms: Follow the Settlements Does Not Create Coverage,' by Robert M. Hall

Frequent contributor Robert M. Hall discusses the 2nd Circuit U.S. Court of Appeal's recent decision in Utica Mutual Insurance Co. v. Fireman’s Fund Insurance Co., in which he was an expert witness, and related case law.


Continental Insurance Accuses TIG of Breaching Facultative Certificates in Federal Lawsuit

Continental Insurance Co. (CIC) has sued TIG Insurance Co. in California federal court, accusing it of breaching a facultative reinsurance contract by refusing to pay toward the settlement of environmental contamination claims filed against CIC’s policyholder.


'COVID-19 and the Exclusion for Virus and Bacteria,' by Larry P. Schiffer, Aaron Garavaglia and Ellen Farrell

Larry P. Schiffer, Aaron Garavaglia and Ellen Farrell of Squire Patton Boggs (US) LLP maintain that "the virus exclusion clearly was intended to preclude coverage for viral contamination, regardless of the scale of infection" and that "the development of the virus and bacteria exclusion acknowledges that coverage for these exposures was never provided for under most property policies."


11th Cir. Dismisses Appeal of Order Requiring Arbitration of Reinsurance Dispute

A federal appeals court has dismissed a cedent’s appeal of an order requiring arbitration of a reinsurance dispute arising from a $7.2 million construction defects settlement, ruling that the order was not “final or appealable.”


N.Y. Federal Judge Appoints Umpire to Oversee Reinsurance Billings Dispute

A New York federal judge has appointed an umpire to oversee a dispute over whether Chicago Reinsurance Co.’s reinsurance billing for an underlying settlement of asbestos claims comports with a 2017 arbitration award.


N.Y. Federal Judge Sends Dispute Over Reinsurance Trust Funds to Arbitration

A New York federal court has compelled arbitration of a reinsurance trust dispute involving Universal Life Insurance Co. (ULICO), ruling that the arbitration clause in the parties’ reinsurance agreement supersedes the forum selection clause in the trust agreement.


Ala. Municipal Insurer Sues Munich Re for $1.9 Million in Reinsurance Proceeds

Alabama Municipal Insurance Corp. has sued Munich Reinsurance America Inc., demanding $1.9 million in reinsurance coverage for five underlying lawsuits filed against four Alabama towns.


Federal Judge Refuses to Reconsider Order Sending $56 Million Reinsurance Case to Arbitration

A Puerto Rico federal judge has refused to reconsider his order requiring arbitration of a $56 million reinsurance case filed by the receiver of Integrand Assurance Co., noting the court has already considered and rejected the receiver’s arguments.


2nd Cir. Upholds Enforcement of Arbitrators’ Summonses in Beechwood Re Case

A New York federal judge had jurisdiction to enforce summonses issued by an arbitration panel in a fraud case involving Beechwood Re and failed hedge fund Platinum Partners, the 2nd Circuit U.S. Court of Appeals has ruled.


StarLine Urges Mass. Federal Judge to Compel Arbitration of Wellforce Claims

An underwriting management organization is urging a Massachusetts federal judge to compel arbitration of a lawsuit accusing it of wrongfully denying a reinsurance claim, arguing that the allegations are intertwined with issues that are already being arbitrated.


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