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  • Article

    Where There Is No Intent There Is No Tortious Interference

    Reinsurance programs are often complex and the calculation of reinsurance premiums can be confusing. Periodically, a reinsured will review its reinsurance premium transactions
    United StatesInsurance
    Squire Patton Boggs LLP
    Squire Patton Boggs LLP
  • Article

    Without The Bellefonte Presumption, Reinsurer Denied Partial Summary Judgment

    Finding that the provision could apply to either or both situations, the court denied the motion and set the case down for trial.
    United StatesInsurance
    Squire Patton Boggs LLP
    Squire Patton Boggs LLP
Article

Years-Long Asbestos Reinsurance Battle Continues For Utica And Century, Including Whether Century Must Follow The Fortunes Of Utica's Allocation Of Losses

In 2013, Utica Mutual Insurance Company filed a complaint alleging that Century Indemnity Company (1) breached two reinsurance certificates executed between the parties covering the years 1973 and 1975...
United StatesInsurance
Carlton Fields
Carlton Fields
  • Article

    Court Invalidates Modified Arbitration Award Because It Exceeded Panel's Authority Under The Functus Officio Doctrine

    An insured and its insurer were fighting over whether the insured's settlement payment in separate litigation was a covered loss and whether there was a duty to defend in the separate litigation.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Uber Drivers' Class Action Thrown Into Reverse: Ninth Circuit Overturns Class Certification Order And Denial Of Uber's Motion To Compel Arbitration

    A putative class action against Uber filed by some of the company's California-based drivers has crashed.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    New Retiree Health Reinsurance Program to Kick Off June 1, 2010

    As part of the Patient Protection and Affordable Care Act (PPACA), Congress has appropriated $5 billion to provide reimbursement to employer-based health plans for the cost of certain health care benefits for early retirees and their spouses, surviving spouses and dependents.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Contract Claims Dismissed Against Reinsurers And Reinsurance Service Providers, But Negligence Claim Against Service Providers Allowed To Go Forward

    Vantage, the plaintiff, had purchased insurance from Assured Risk Transfer (ART) against the risk that a company to which Vantage had loaned $22 million would default.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Court Declines To Reconsider Summary Judgment Decision In Latest Development In Ongoing Asbestos Liability Reinsurance Litigation

    The Northern District of New York declined to reconsider a September 2018 decision on competing motions for partial summary judgment ...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Court Enforces Arbitration Award, Finds Reinsurer Must Pay Settlement Between Retrocessionaire And Policyholder

    Granting a motion to enforce an arbitration award, the U.S. District Court for the Southern District of New York has held that a reinsurer is liable for a $5 million settlement entered into between a policyholder and the reinsurer's retrocessionaire.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Eastern District Of Pennsylvania Holds That Plaintiffs Forfeited American Pipe Tolling By Filing Their Lawsuit Too Soon

    Plaintiffs claimed that defendants violated RESPA when JPMorgan created captive reinsurers to reinsure private mortgage insurance.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Eleventh Circuit Reverses Order Compelling Arbitration Between Non-Signatories

    The Court remanded for further proceedings before the Alabama federal district court.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Florida Department Of Revenue Issues Advisement Determining That A Reinsurer And Its Cedents Did Not Have Nexus In Florida For Tax Purposes

    On January 13, 2017, the Florida Department of Revenue issued a Technical Assistance Advisement regarding whether a reinsurer had nexus with the state of Florida...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Massachusetts Federal Court Rejects Pre-Award Challenge To Party-Appointed Arbitrator

    In a recent reinsurance case, a Massachusetts federal court denied a pre-award petition of a cedent to remove the reinsurer's party-appointed arbitrator...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Part D Payment Modernization Model Aimed At Reducing Medicare's Catastrophic Phase Spending

    CMS indicated that additional programmatic flexibilities will be provided to model participants.
    United StatesInsurance
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    Tax Court Disallows Deductions For Payments To Captive Insurance Company

    A husband and wife who paid $1.54 million in premiums to their captive insurance company and $720,000 in premiums to another insurer over two years, almost all of which ended up back in their bank accounts, have had their tax deductions for those payments disallowed in a lengthy opinion by the United States Tax Court.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Who Decides Consolidation Issue? A New Arbitration Panel Or The Old One?

    It is pretty well settled under modern arbitration law, including reinsurance arbitrations, that procedural issues like consolidation are questions for the arbitrators and not the courts.
    United StatesInsurance
    Squire Patton Boggs LLP
    Squire Patton Boggs LLP
  • Article

    Fifth Circuit Affirms Dismissal Without Prejudice After Plaintiff Compelled To Arbitrate Refuses To Do So

    The Fifth Circuit affirmed a dismissal without prejudice of a plaintiff's putative class action related to a multi-level marketing program selling electricity after the plaintiff refused to submit his claims...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    The U.S. And The European Union Successfully Complete Negotiations For Covered Agreement

    As we previously reported in June 2016, the United States and the European Union were in discussions to enter into a Covered Agreement.
    GlobalInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Reinsurance Fees

    Group health plans that provide major medical coverage will be assessed a "transitional reinsurance fee" for 2014, 2015 and 2016.
    United StatesEmployment and HR
    Thompson Coburn LLP
    Thompson Coburn LLP
  • Article

    An Update On The Implementation Of The US-EU Covered Agreement

    We have previously reported on the NAIC's strategy of assisting the states in the implementation of the Covered Agreement through revisions to the Credit for Reinsurance Model Law and the Credit for Reinsurance Model Regulation ("the Models").
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Showing 201–220 of 583 results

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