CX Re Says Cut-Through Provision Gives it the Right To Arbitrate Against Trenwick

HARTFORD, Conn. — In its opposition to Trenwick America Reinsurance Corp.’s motion to enjoin CX Reinsurance Company Ltd. from proceeding with a reinsurance arbitration, CX Re argues that a cut-through provision in the agreements at issue give it the right to arbitrate the dispute.

In its Jan. 29 brief filed in the U.S. District Court for the District of Connecticut, CX Re asserts that the cut-through “is subject to all terms and conditions” of the reinsurance agreements, and the agreements’ arbitration clause is one of those “terms and conditions.”

Trenwick’s predecessor, Chartwell Insurance Co., and Commercial Casualty Insurance Company of …