Reinsurance & Arbitration
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Issue #135, June 2019
A Pennsylvania federal judge has granted Everest Reinsurance Co.’s motion to stay his order compelling arbitration of a reinsurance dispute pending the reinsurer’s appeal regarding the unsealing of a cedent’s arbitration demand and related documents.
Utica Mutual Insurance Co. is appealing a New York federal judge’s ruling that Munich Reinsurance America Inc. did not wrongly refuse to pay its share of $2.76 million in defense expenses that Utica incurred in connection with underlying asbestos claims filed against its insured.
Insurance Company of the State of Pennsylvania has dropped its lawsuit accusing two reinsurers of refusing to pay their share of a settlement of asbestos claims filed against C.F. Braun & Co.
'Destination Arbitration: Court Holds Service-Of-Suit Clause Does Not Conflict With Policy’s Arbitration Requirement'
Daniel G. Enriquez of Carlton Fields discusses Southwest LTC-Management Services, LLC v. Lexington Insurance Co., in which the Eastern District of Texas held that a service-of-suit endorsement did not supersede the arbitration clause in the policy.
A majority of the U.S. Supreme Court has ruled that courts may not infer from an ambiguous arbitration agreement that the parties have consented to arbitrate on a classwide, rather than individual, basis.
A Puerto Rican insurer says its dispute with a group of reinsurers over coverage for two hurricanes is not arbitrable because the arbitration clause in the reinsurance contracts at issue is null and void.
Robert M. Hall discusses selected case law to determine what level or type of “reasoning” in awards is necessary to avoid an award being vacated or remanded for clarification.
Issue #134, May 2019
The Republic of Nicaragua and a Nicaraguan insurer have moved to dismiss a lawsuit in which the owner of a plastics factory is seeking coverage for a 2003 fire, ruling that the action does not belong in the United States.
Century Indemnity Co. has asked a Massachusetts federal judge to order arbitration of its reinsurance dispute with Certain Underwriters at Lloyd’s, London, arguing that awards issued in a prior arbitration do not preclude its arbitration demand.
The liquidator of Legion Indemnity Co. has moved to vacate or modify an arbitration award, arguing that the panel exceeded its powers and manifestly disregarded the law by awarding $422,680 in attorneys’ fees to a reinsurer.