The Arbitrability Of Statutes Of Limitations In Reinsurance Disputes

[Editor’s note: Robert W. DiUbaldo and Jeanne Kohler are Shareholders in the New York office of Carlton Fields. This article reflects the views of the authors, and does not constitute legal or other professional advice or service by Carlton Fields and/or any of its attorneys. This article appeared on the firm’s reinsurance and arbitration blog, www.ReinsuranceFocus.com.]

Whether a particular jurisdiction’s statute of limitations provides a reinsurer with a valid basis to deny payment of a cedent’s claim is sometimes a hotly contested issue. Where a dispute is litigated in state or federal court, a reinsurer may argue that the relevant …