Reinsurer Says Proposed Coverage Action Belongs in Florida Federal Court

MIAMI — A reinsurer contends that federal law governs a coverage action arising from a deadly Columbian plane crash because the allegations in the plaintiffs’ proposed third-party complaint “fall squarely” within the Convention for the Unification of Certain Rules for International Carriage by Air, Done at Montreal (Montreal Convention).

In a Nov. 17 opposition to the plaintiffs’ motion to remand filed in the U.S. District Court for the Southern District of Florida, Tokio Marine Kiln Syndicates Ltd. argues that the federal court has the authority to address whether federal treaty subject matter jurisdiction may be exercised in the United States.