Reinsurance & Arbitration

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Issue #136, July 2019

Civil Conspiracy Claim Dismissed in Ala. Federal Disability Reinsurance Case

A plaintiff has agreed to drop his claim of civil conspiracy asserted against The Northwestern Life Insurance Co. in an Alabama federal action seeking reinsurance coverage for four disability policies.

"Court Compels Arbitration Based on Text Message Agreement"

Guest contributor Brendan Gooley of Carlton Fields summarizes a California federal court's ruling that an arbitration clause in an agreement sent via text message is not substantively unconscionable.

Integrand Rehabilitator Moves to Lift Stay, Remand Reinsurance Action

The rehabilitator of a Puerto Rican insurer has asked a federal judge to lift the stay in an action seeking reinsurance coverage for two hurricanes and remand the dispute to state court.

8th Cir. Vacates Confirmation of Award Over Lack of Personal Jurisdiction

Guest contributor Brendan Gooley of Carlton Fields discusses the 8th Circuit U.S. Court of Appeals' vacatur of a judgment confirming an arbitration award after concluding that the district court lacked personal jurisdiction over the defendant.

AmTrust’s Breach of Contract Claim to Proceed Against Captive Reinsurer

A New York federal judge has refused to dismiss AmTrust North America Inc.’s claims that a captive reinsurer breached a reinsurance agreement by failing to post the full amount of security required by the contract.

Odyssey Re Settles Fraud Claims Against Claims Processor, CEO

Odyssey Reinsurance Co. has settled its claims against Claim Technology Services Corp. and its chief executive officer in which it accused them of helping to drain the assets of a now-insolvent insurance agency to avoid paying a court judgment in Odyssey's favor.

RICO Claims in Security Benefit Life Case Reverse-Preempted, Kan. Federal Judge Rules

A Kansas federal judge has dismissed claims that Security Benefit Life Insurance Co. violated the Racketeer Influenced Corrupt Organizations Act by entering into reinsurance transactions designed to make the insurer appear financially healthy to investors while selling them low-performing annuities.

Neb. Federal Applied Underwriters Case Stayed Pending N.J. Ruling

A Nebraska federal magistrate judge has stayed an Applied Underwriters workers’ compensation coverage dispute pending a ruling in a similar case in New Jersey court as to whether the policies at issue violated that state’s insurance laws.

AUCRA May File 4th Amended Answer in Neb. Federal Workers’ Comp Coverage Case

A Nebraska federal judge has allowed Applied Underwriters Captive Risk Assurance Co. and its affiliates to file a 4th amended answer in a workers’ compensation coverage dispute, allowing them to plead over the arguments raised in the plaintiffs’ motion to dismiss.

Reinsurance Case Stayed Due to Puerto Rican Insurer’s Rehabilitation

A Puerto Rican federal judge has stayed an action seeking reinsurance coverage for two hurricanes that hit the island in 2017, explaining that the plaintiff insurer has entered rehabilitation proceedings.

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