Reinsurance & Arbitration

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Issue #131, February 2019

N.J. Federal Judge Sends Environmental Contamination Dispute to Arbitration

A New Jersey federal judge has sent to arbitration an environmental contamination coverage dispute between a former subsidiary of Exxon and a group of French insurers, ruling that the policies’ arbitration provision is valid and enforceable.

5th Cir. Denies Rehearing En Banc in Schiff Hardin Attorney Immunity Case

A federal appeals court has refused to reconsider its decision that a law firm is immune from negligent misrepresentation claims in a product liability action because the attorneys were acting within the scope of their representation of a client, and therefore the attorney immunity defense applies.

N.Y. Federal Judge Issues Scheduling Order in $1 Million Reinsurance Dispute

A New York federal judge has issued a scheduling order in a dispute in which National Union Fire Insurance Company of Pittsburgh seeks reimbursement from two reinsurers for its settlement of asbestos claims filed against PPG Industries Inc.

Issue #130, January 2019

'Are Damages for Wrongful Denial of Coverage Without Bad Faith Limited by Policy Limits Plus Defense Costs?'

Robert M. Hall examines selected case law addressing whether an insurer's denial of coverage without bad faith is limited by policy limits plus defense costs.

Arbitration Agreement in Reinsurance Participation Agreement Not Enforceable, Calif. Court Affirms

An arbitration agreement and delegation clause in a reinsurance participation agreement related to Applied Underwriters Inc.’s workers’ compensation insurance program are unenforceable because they were never filed with California regulators, a state appellate court has ruled.

Applied Underwriters Opposes Motion for Class Certification in Federal EquityComp Case

Applied Underwriters Inc. has opposed a motion for class certification filed by a former participant in its EquityComp workers’ compensation program, arguing there is a lack of commonality and the movant’s claims are not typical of the class it seeks to represent.

Applied Underwriters Reinsurer Settles Breach of Contract Action Against Former Plan Participant

Applied Underwriters Captive Risk Insurance Company Inc. has agreed to settle its claims accusing a former participant in Applied Underwriters’ workers’ compensation program of breaching a reinsurance participation agreement (RPA), according to a recent court filing.

Settlement Conference Rescheduled in Conn. Federal Applied Underwriters Action

A Connecticut federal judge has agreed to reschedule a settlement conference in a dispute arising from Applied Underwriters Inc.’s “EquityComp” workers’ compensation program.

Action Targeting Applied Underwriters Reinsurance Participation Agreement Settles in N.Y.

A New York fraud action targeting a reinsurance participation agreement (RPA) executed as part of Applied Underwriters Inc.’s EquityComp workers’ compensation program has settled, according to a recent filing.

Life Insurance Case Stayed Pending Reinsurer’s Efforts to Intervene

A Colorado federal judge has stayed a breach of contract action filed against a life insurer pending a reinsurer’s appeal of the court’s denial of its motion to intervene in the case.

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