Reinsurance & Arbitration

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Issue #139, October 2019

Litigants May Obtain Documents Outside of U.S. for Foreign Legal Proceedings, 2nd Cir. Rules

A federal appeals court has ruled that 28 U.S.C. § 1782 may be used to obtain documents outside of the United States to be used in legal proceedings abroad, holding that there is no per se bar to the extraterritorial application of the statue.

Plaintiffs in ERISA Case Oppose Captive Reinsurer’s Motion to Stay Action

Plaintiffs accusing a captive reinsurer of violating the Employee Retirement Income Security Act have opposed a motion to stay the litigation pending a U.S. Supreme Court ruling in another ERISA case.

'Is a Recent Ninth Circuit Opinion a Wake-Up Call For Sophisticated Parties When Drafting Contractual Language?'

K. Renee Schimkat discusses Cunico Corp. v. Custom Alloy Corp., in which the 9th Circuit placed an emphasis on the business sophistication and power of the parties in deciding whether they contractually agreed to arbitrate their dispute.

N.Y. Federal Judge Remands Arbitration Award for Clarification in Reinsurance Dispute

A New York federal judge has asked an arbitration panel to clarify an award issued in a reinsurance dispute involving death benefits, explaining that it is unclear which party’s interpretation of the award is correct.

N.Y. Federal Judge Issues $6.2 Million Judgment in Favor of Utica Mutual

A New York federal judge entered a judgment of more than $6 million against Century Indemnity Co. in a lawsuit accusing it of breaching two reinsurance certificates issued to Utica Mutual Insurance Co., following a jury verdict issued on Sept. 30.

Ala. High Court Finds Issue of Arbitrability is for Arbitrators to Decide

Guest contributor Rachel Schwartz of Carlton Fields in New York discusses the Alabama Supreme Court's recent holding that although questions of arbitrability are typically answered by the courts, those questions should be sent to an arbitrator if there is clear and unmistakable evidence that the relevant parties intended an arbitrator to decide the issue of arbitrability.

Lawsuit Targeting Reinsurance Participation Agreement Transferred to Neb. Federal Court

A Utah federal judge has transferred a case involving Applied Underwriters Inc.’s workers’ compensation insurance program to Nebraska federal court, rejecting plaintiffs’ argument that the forum selection clause in the program’s reinsurance participation agreement is not enforceable.

Reinsurer Seeks Stay of ERISA Case Pending Supreme Court Ruling on Article III Standing

A captive reinsurer is urging a New York federal judge to stay a case in which it is accused of siphoning assets from an employee benefit plan, arguing that the U.S. Supreme Court is set to weigh in on whether ERISA plan participants have Article III standing to bring such claims.

Non-Party Ordered to Pay Attorneys’ Fees for Filing Improper Appeal in $1.5 Million Reinsurance Action

A New York federal judge has ordered a non-party to pay a group of reinsurers $3,550 in attorneys’ fees for improperly filing an appeal in a settled case involving a $1.5 million reinsurance arbitration award.

Issue #138, September 2019

Question of Arbitrability is for Arbitrators, Not Court, Ill. Federal Judge Rules

The question of whether a dispute involving an Applied Underwriters reinsurance participation agreement is arbitrable should be decided by an arbitrator, not the court, an Illinois federal judge has ruled, noting the RPA contains “a robust delegation provision.”

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