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Issue #135, June 2019

Puerto Rican Insurer Opposes Reinsurers’ Bid to Dismiss Hurricane Lawsuit

A Puerto Rican insurer says its dispute with a group of reinsurers over coverage for two hurricanes is not arbitrable because the arbitration clause in the reinsurance contracts at issue is null and void.


Perspectives: 'So What is an Arbitration "Reasoned Award” Anyway?'

Robert M. Hall discusses selected case law to determine what level or type of “reasoning” in awards is necessary to avoid an award being vacated or remanded for clarification.


Issue #134, May 2019

Nicaragua, Insurer, Seek Dismissal of Lawsuit Seeking Coverage for 2003 Factory Fire

The Republic of Nicaragua and a Nicaraguan insurer have moved to dismiss a lawsuit in which the owner of a plastics factory is seeking coverage for a 2003 fire, ruling that the action does not belong in the United States.


Century Asks Mass. Federal Judge to Compel Arbitration of Reinsurance Dispute

Century Indemnity Co. has asked a Massachusetts federal judge to order arbitration of its reinsurance dispute with Certain Underwriters at Lloyd’s, London, arguing that awards issued in a prior arbitration do not preclude its arbitration demand.


Legion Liquidator Seeks Vacatur or Modification of Reinsurance Arbitration Award

The liquidator of Legion Indemnity Co. has moved to vacate or modify an arbitration award, arguing that the panel exceeded its powers and manifestly disregarded the law by awarding $422,680 in attorneys’ fees to a reinsurer.


Arbitrators’ Alleged Deficient Disclosures Do Not Warrant Vacatur, N.Y. Judge Rules

A New York federal judge has confirmed a $166,624 arbitration award, ruling that a party waived his right to challenge an arbitrator’s failure to disclose a possible financial interest by failing to timely lodge an objection.


Penn National Says Arbitration Should Proceed in Reinsurance Coverage Dispute

Pennsylvania National Mutual Casualty Insurance Co. is asking a federal judge to allow arbitration to proceed in a reinsurance dispute, arguing that it will be irreparably harmed if the reinsurer’s motion for a stay pending appeal is granted.


Insurers Say Federal Court Has Jurisdiction Over $20 Million Reinsurance Action

Two insurers are urging a New Hampshire federal judge to deny a motion to dismiss their $20 million reinsurance action against several insurers, arguing that federal jurisdiction exists, and abstention is not warranted under the Colorado River doctrine.


Defendants May Assert California Claims in Neb. Applied Underwriters Action

A Nebraska federal magistrate judge has allowed the defendants in a case involving a reinsurance participation agreement to amend their counterclaim and cross-claim to allege claims under California law, ruling that Applied Underwriters Captive Risk Assurance Co. will not be prejudiced by such an amendment.


Parties in $3.85 Million Dispute in Settlement Talks, According to Status Report

The parties in a $3.85 million reinsurance dispute involving workers’ compensation losses have informed a New York federal judge that they have complied with an interim final arbitration award and are in settlement talks to resolve the remaining issues.


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