Reinsurance & Arbitration

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Issue #144, March 2020

Insurer Opposes Financial Advisors’ Motion for Summary Judgment in Beechwood Re Action

Senior Health Insurance Company of Pennsylvania has opposed a motion for summary judgment filed by two financial advisors on claims accusing them of providing the insurer with false valuation reports, causing it to sink $320 million in the troubled Platinum Partners hedge fund.

Claims Against Insolvent Reinsurer Stayed in Mass. Coverage Action

A Massachusetts federal judge has stayed counterclaims asserted by Lamorak Insurance Co. against an English reinsurer in a reinsurance coverage action in light of the reinsurer’s recent bankruptcy order.

Default Judgment Set Aside in Reinsurer’s Declaratory Judgment Action

An Oklahoma federal judge has set aside a default judgment issued in an action in which a reinsurer is disclaiming its obligation to provide coverage to a telecommunications company and its employee for a 2016 deadly vehicle accident.

Guest Summary: 1st Circuit Refuses to Vacate Arbitration Award Following Stock Dispute

Brendan Gooley of Carlton Fields discusses the 1st Circuit U.S. Court of Appeals' recent denial of a corporation’s numerous arguments seeking to vacate an arbitration award in favor of the individual who sold an entity to the corporation.

N.J. PA/LMX Reinsurance Lawsuit Against Aon Dismissed for Lack of Jurisdiction

A New Jersey federal judge has dismissed for lack of jurisdiction a lawsuit against Aon Risk Services Companies Inc., accusing it of failing to timely notify insurers of claims arising from the PA/LMX reinsurance program.

Reinsurer’s Obligation to Pay Defense Costs Not Capped, N.Y. Federal Judge Rules

Global Reinsurance Corporation of America’s obligation to pay defense costs to its cedent, Century Indemnity Co., is not capped when the reinsurer pays losses, a New York federal judge has ruled following an evidentiary hearing.

N.Y. Federal Judge Refuses to Amend Findings of Fact as to Aggregate Limits Testimony

A New York federal judge has refused to amend her findings of fact concerning testimony presented at trial in a dispute over whether Munich Reinsurance America Inc. wrongly refused to pay its share of defense expenses that Utica Mutual Insurance Co. incurred in connection with asbestos claims filed against Goulds Pumps Inc.

Issue #143, February 2020

Financial Advisors Move for Summary Judgment on Aiding, Abetting Claims

Two financial advisors have moved for summary judgment on claims accusing them of providing Senior Health Insurance Company of Pennsylvania with false valuation reports, causing it to sink $320 million in the troubled Platinum Partners hedge fund.

Insurer Waived Right to Contest Personal Jurisdiction, S.C. Federal Judge Rules

A North Carolina federal judge has refused to dismiss or transfer an insurance coverage action, ruling that the policy’s “service-of-suit” provision required the insurer to consent to the court of the policyholder’s choosing and that the insurer waived its right to contest personal jurisdiction.

Integrand Liquidator Asks Puerto Rico Federal Judge to Dismiss Action Against Insured

The liquidator of Integrand Assurance Co. told a Puerto Rico federal judge that it wants to voluntarily dismiss its lawsuit against policyholder Puma Energy Caribe LLC, noting that part of the complaint was mooted when the insurer was placed into liquidation.

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