Reinsurance & Arbitration

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Issue #138, September 2019

Applied Underwriters Reinsurer Drops Appeal of Arbitration Award Confirmation

Applied Underwriters Captive Risk Assurance Company Inc. has dropped its appeal of 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.

N.Y. Federal Judge Refuses to Dismiss Portion of Beechwood Re’s Counterclaim Against SHIP

A New York federal judge has refused to dismiss a counterclaim accusing Senior Health Insurance Company of Pennsylvania of breaching the duty of good faith and fair dealing by failing to make interest payments to Beechwood Re Ltd. on a $50 million surplus note.

N.Y. Judge Dismisses Berkshire Hathaway from Applied Underwriters Case

A New York judge has dismissed claims accusing Berkshire Hathaway Inc. of participating in an illegal reinsurance scheme targeting three New York employers, finding the plaintiffs failed to allege jurisdiction over the company pursuant to the state’s long-arm statute.

When is a Non-Appealable Arbitration Panel Order Appealable?

Robert M. Hall examines case law in which courts allowed an appeal of an otherwise non-appealable arbitration panel order.

Fla. Federal Judge Says Lawsuit Against Reinsurer Does Not Belong in U.S.

A Florida federal judge has dismissed a lawsuit in which the owner of a plastics factory sought coverage from a Nicaraguan insurer and Transatlantic Reinsurance Co. for a 2003 fire, ruling there is a lack of subject matter jurisdiction under the Foreign Sovereign Immunities Act.

Railroad Co. Not Liable to Homeowners for Mine Damages, Ill. Federal Judge Rules

An Illinois federal magistrate judge has awarded a railroad company summary judgment in a reinsurance dispute over payments for mine subsidence damages, ruling that the alter-ego exception does not apply to the general rule of no liability for the company’s stockholders.

Issue #137, August 2019

Captive Reinsurer Disclaims Obligation to Post Security in ERISA Case

A captive reinsurer has opposed plaintiffs’ efforts to strike its motion to dismiss a lawsuit accusing it of siphoning assets from an employee benefit plan, arguing that it is not required to post security because the lawsuit does not arise from an insurance contract.

Defendant Opposes Odyssey Re’s Request for $237,126 in Attorneys’ Fees, Costs

A defendant in a $3.2 million fraud case has opposed Odyessey Reinsurance Co.’s request for $237,126 in attorneys’ fees and costs related to her failure to comply with an order requiring her to deposit funds in a court registry.

Investor to Appeal Dismissal of RICO Claims Against Security Benefit Life

An investor is urging a federal appeals court to reinstate his claims that Security Benefit Life Insurance Co. violated the Racketeer Influenced Corrupt Organizations Act by entering into reinsurance transactions designed to make it appear financially healthy to investors while selling them low-performing annuities.

Filed-Rate Doctrine Bars Force-Placed Insurance Lawsuit, N.J. Federal Judge Rules

The filed-rate doctrine bars a lawsuit accusing a mortgage provider, a reinsurance broker, and an insurer of conspiring to overcharge lenders for force-placed hazard insurance coverage, a New Jersey federal judge has ruled, because they impermissibly challenge rates approved by state regulators.

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