Reinsurance & Arbitration
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Issue #139, October 2019
Guest contributor Alex Silverman discusses the Northern District of Georgia's recent holding that because an interim award did not definitively dispose of any independent claim submitted to arbitration, the court lacked subject-matter jurisdiction over a petition to confirm the award.
Guest contributor Benjamin Stearns of Carlton Fields discusses the 9th Circuit U.S. Court of Appeals' ruling that foreign decisions should be accorded deference unless an underlying issue renders the judgment suspect.
Despite a circuit split, the U.S. Supreme Court has declined to weigh in on the question of whether a court should stay, rather than dismiss, a proceeding upon a party’s request after granting a motion to compel arbitration.
The plaintiffs in a Nebraska federal case involving a workers’ compensation insurance program and accompanying reinsurance participation agreement have dropped their claims against Applied Underwriters Inc. and its captive reinsurer.
An Illinois insurance fund is appealing a federal trial court’s award of summary judgment to a railroad company in a reinsurance dispute over payments for mine subsidence damages.
London Market Reinsurers (LMR) have opposed Lamorak Insurance Co.’s motion compel them to produce documents and interrogatories relating to its 2009 settlement of pollution claims with Olin Corp., arguing that a Massachusetts state court has already determined that the information is not discoverable.
A Puerto Rico federal judge has refused to dismiss a lawsuit filed by the owners of Integrand Assurance Co. against Puerto Rican insurance regulators, accusing them of conspiring to harm the insurer’s reputation and hamper its ability to regain financial stability in the wake of hurricane-related losses.
A federal judge has ruled that Colorado law bars the U.S. Department of Health and Human Services from using money owed to an insolvent insurer to pay sums the insurer owes under the Patient Protection and Affordable Care Act’s (ACA) reinsurance and risk-adjustment programs.
Guest contributor Brendan Gooley of Carlton Fields examines the 2nd Circuit's affirmation of a lower court's ruling that an arbitration panel did not exceed its power in awarding damages in a dispute over ownership of a geostationary satellite.
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.