Reinsurance & Arbitration

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Issue #137, August 2019

Preliminary Injunction Denied in Dispute Involving Assumption Reinsurance Agreement

A Texas federal judge has denied a policyholder’s request for a preliminary injunction in a lawsuit accusing a life insurer of charging exorbitant premiums after assuming policies from another insurer via an assumption reinsurance agreement.

9th Cir. Dismisses Appeal in Odyssey Re Fraud Action in Wake of Settlement

The Ninth Circuit U.S. Court of Appeals has dismissed an appeal challenging an order that nearly $1 million in funds held in a court registry belongs to Odyssey Reinsurance Co. pursuant to a 2015 judgment issued against Cal-Regent Insurance Services.

Century Says Reinsurance Dispute with Lloyd’s Should be Sent to Arbitration

Century Indemnity Co. is urging a Massachusetts federal court to send its reinsurance dispute with Certain Underwriters at Lloyd’s London to arbitration, arguing that under federal law, the question of arbitrability is for arbitrators, not the court, to decide.

Plaintiffs Move to Strike Reinsurer’s Pleading for Failing to Post Security

The plaintiffs in a lawsuit accusing a captive reinsurer of siphoning assets from an employee benefit plan have asked a New York federal judge to strike the reinsurer’s motion to dismiss, arguing that it failed to post the security required under state and federal law.

Motion for Class Certification Denied in N.Y. Federal Applied Underwriters Case

A New York federal judge has refused to certify a class of hundreds of businesses who purchased workers’ compensation coverage from Applied Underwriters Inc. and its affiliates, ruling that a class action is not the superior form of adjudication of the dispute.

N.Y. Federal Judge Denies Clearwater Summary Judgment on Defense Costs Issue

A New York federal judge has refused to award partial summary judgment to Clearwater Insurance Co. in a reinsurance dispute, ruling that questions of fact exist as to whether it is obligated to reimburse Utica Mutual Insurance Co. for asbestos-related defense costs.

AUCRA to Appeal Confirmation of Arbitration Award in Reinsurance Dispute

Applied Underwriters Captive Risk Assurance Company Inc. is appealing the confirmation of an award requiring it to pay an employer $79,167, plus $3 million in arbitrator fees in a dispute over sums owed under two reinsurance participation agreements.

Reinsurer Asks Ill. Federal Judge to Impose Sanctions Against Legion Liquidator

A reinsurer has asked an Illinois federal judge to levy sanctions against the liquidator of Legion Indemnity Co., arguing that her motion to vacate an arbitration award of $422,680 in attorneys’ fees to the reinsurer has no reasonable chance of success.

"Is an 'Appraisal' an 'Arbitration' and If So, What Issues Can be Addressed and What Level of Due Process Applies?"

Robert M. Hall discusses appraisals in the reinsurance context and the questions that arise as to what law applies to such appraisals, whether or not the appraisers consider related legal and coverage issues, and what level of due process is required.

Issue #136, July 2019

Parties in Federal Applied Underwriters Dispute Reach Settlement in Principle

The parties to a dispute involving Applied Underwriters Inc.’s workers’ compensation program and related reinsurance participation agreement have told a California federal judge that they agreed in principle to settle the matter.

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