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Reinsurance & Arbitration

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Issue #145, April 2020

'Reinsurance and COVID-19,' by Larry P. Schiffer

Larry P. Schiffer of Squire Patton Boggs (US) LLP discusses the myraid insurance and reinsurance issues arising from the COVID-19 pandemic.


Utica Asks N.Y. Federal Judge to Reconsider Turi Testimony Ruling

Utica Mutual Insurance Co. has asked New York federal judge to reconsider her refusal to amend a ruling concerning expert testimony in a dispute over whether Munich Reinsurance America Inc. wrongly refused to pay its share of defense expenses that Utica incurred in connection with asbestos claims filed against Goulds Pumps Inc.


Lawsuit Accuses Reinsurer of Failing to Properly Inspect Insured Boiler

A man who was injured after falling into an uncovered boiler sump pit at his church has sued Hartford Steam Boiler (HSB), accusing it of failing to properly inspect the boiler, which was a requirement under a reinsurance policy covering the system.


Issue #144, March 2020

Ill. Federal Judge Confirms Final Arbitration Award in Defense Costs Dispute

An Illinois federal judge has granted Amerisure Mutual Insurance Co.’s motion to confirm a final arbitration award in its reinsurance dispute with Allstate Insurance Co., ruling that it expressly supersedes a previous interim final award issued by the arbitration panel and is “final” in every respect.


Captive Reinsurer Opposes AmTrust’s Motion for Summary Judgment in Security Dispute

A captive reinsurer has opposed AmTrust Insurance Co.’s motion for summary judgment on counterclaims asserted by a captive reinsurer, arguing there are questions of fact as to whether the reinsurer’s alleged failure to post security justified AmTrust’s purported breach of the parties’ reinsurance agreement.


N.J. Proposes Bill That May Require Insurers to Cover COVID-19 Business Interruption Losses

Christina Gallo of Carlton Fields discusses a New Jersey bill that, if passed into law, would require insurers to cover COVID-19 business interruption losses.


Bermuda Reinsurer Says Dispute Over Trust Account Funds Not Arbitrable

A Bermuda-based reinsurer has asked a New York federal court to rule that a dispute involving a reinsurance trust agreement is not arbitrable and must be adjudicated in court.


Underwriting Manager Moves to Compel Arbitration of Cedent’s Lawsuit

An underwriting management organization has moved to compel arbitration of a lawsuit accusing it of wrongfully denying a claim filed under a stop loss excess reinsurance contract, arguing that the claims are intertwined with the coverage issues that are already being arbitrated.


Cedent Counterclaims Against Reinsurer for Breach of Contract in Okla. Federal Action

A cedent has filed a counterclaim against a reinsurer in a declaratory judgment action involving coverage for a 2016 deadly vehicle accident, arguing that it breached a reinsurance agreement by refusing to honor its alleged obligations.


Claim Preclusion Bars 2nd Arbitration in Applied Underwriters Action, Neb. Appeals Court Affirms

A dispute involving an Applied Underwriters reinsurance participation agreement is not arbitrable because the issues were already decided in a previous arbitration, a Nebraska appeals court has affirmed.


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