Reinsurance & Arbitration

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Issue #134, May 2019

Brazilian Reinsurer Not Required to Fund $5 Million Settlement, 2nd Cir. Rules

A Brazilian reinsurer is not required to reimburse National Indemnity Co. for its $5 million settlement of a reinsurance premium dispute with a mining company, a federal appeals court has ruled in overturning a lower court decision.

Guest Summary: 'Fourth Circuit Holds That Arbitrator Exceeded Powers'

Rachel Schwartz of Carlton Fields provides an overview of the 4th Circuit U.S. Court of Appeals' recent decision in which it ruled that an arbitrator exceeded her powers by impermissibly interpreting a federal crop insurance policy and awarding extracontractual damages.

Calif. Judge Denies Renewed Motion for Class Certification in Applied Underwriters Case

A California federal judge has refused to allow a former participant in Applied Underwriters’ workers’ compensation program to file a renewed motion for class certification, finding the narrowed class definition does not resolve the concerns identified in the prior order denying certification.

Investors Seek Consolidation of Securities Lawsuits Against Reinsurance Services Provider

An investor group seeks consolidation of two class actions accusing a reinsurance services provider of concealing portfolio risks involving AmTrust Financial Services and misrepresenting the quality and nature of its underwriting and risk management policies and practices.

Reinsurer to Appeal Ruling that New Arbitration Panel Must Consider Consolidation Question

A reinsurer plans to appeal a Pennsylvania federal judge’s ruling that procedural issues relating to the interpretation of an arbitration provision’s consolidation language should be considered by a newly-appointed arbitration panel, rather than the panel from an earlier arbitration.

Perspectives: "Consolidation of Disputes by Arbitration Panels"

Robert M. Hall discusses cases concerning arbitrators' authority to consolidate disputes involving contracts that do no contain provisions allowing consolidation of claims and/or parties.

Issue #133, April 2019

N.J. Federal Judge Refuses to Issue Injunction Forcing J&J Shareholders to Arbitrate

A New Jersey federal judge has denied a request by a Johnson & Johnson shareholder to issue an injunction forcing Johnson & Johnson’s shareholders to resolve their securities disputes via arbitration rather than class action litigation.

S.C. Federal Judge Reserves Damages Issue for Trial in Reinsurance Trust Action

A South Carolina federal judge has denied U.S. Bank National Association’s request to cap Accident Insurance Co.’s damages in a lawsuit accusing the bank of breaching its duties as the trustee of a reinsurance account.

Protective Order Issued in $1 Million Michigan Federal Reinsurance Action

A Michigan federal judge has issued a protective order in a reinsurance action, ruling that confidential proprietary or trade secret documents and certain information about insureds, including health in connection with purported exposure to asbestos, should not be publicly disclosed.

Arbitrators, Not Court, Should Resolve Consolidation Issue, Conn. Judge Rules

Arbitrators, not the court, should decide whether disputes arising from multiple reinsurance contracts issued by Employers Insurance Company of Wausau to The Hartford and its affiliates should be consolidated into one arbitration, a Connecticut judge has ruled.

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