6th Cir. Vacates Reinsurance Arbitration Awards Due to Counsel’s Ex Parte Contacts With Arbitrator

CINCINNATI — The 6th Circuit U.S. Court of Appeals has vacated two arbitration awards issued in a reinsurance dispute between National Union Fire Insurance Company of Pittsburgh and the Meadowbrook Insurance Group, ruling that an arbitrator’s ex parte communications with National Union’s counsel violated the panel’s ban on such communications.

In an Aug. 18 opinion, the 6th Circuit explained that under Michigan law, the attorney’s ex parte contacts with the arbitrator violated the parties’ agreement to arbitrate and, as such, the awards must be vacated.

National Union Fire Insurance Company of Pittsburgh issued a three-year Underlying Per Occurrence Excess of …