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  • Article

    Court Reaffirms Impermissibility Of Unilateral Rescission

    The New York Appellate Division dismissed a coverage action for forum non conveniens in EGhose v. CNA Reinsurance Co., Ltd., 2007 N.Y. Slip Op. 06572, 2007 WL 2493379 (1st Dep’t Sept. 6, 2007). In dicta, however, the court reaffirmed that unilateral rescission is not permissible under New York law, and indicated that it appears to be impermissible under Bermudian law as well.
    United StatesInsurance
    Sedgwick Detert Moran & Arnold
    Sedgwick Detert Moran & Arnold
  • Article

    Court Upholds Attorney-Client Privilege Despite Advice Of Counsel Defense In Tax Case Involving Reinsurance Transactions

    This case involves a tax dispute centering on whether certain "purported" insurance and reinsurance transactions "lacked economic substance."
    United StatesInsurance
    Carlton Fields
Carlton Fields
  • Article

    First Circuit Upholds Arbitrators Denial Of Arbitrability Of Reinsurance Agreement, Finding No Manifest Disregard Of The Law

    Mountain Valley Property, Inc (MVP) entered into a three-year reinsurance participation agreement with Applied Underwriters Captive Risk Assurance Co. Inc. (AUCRA), which contained a mandatory arbitration clause...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    IAIS Proposes Revisions To Insurance Core Principle 13 On Reinsurance

    The International Association of Insurance Supervisors ("IAIS") recently released proposed revisions to the existing version of its Insurance Core Principle 13 regarding "Reinsurance...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    LPTs And Existing Reinsurance Relationships

    Insurers have been using loss portfolio transfers ("LPTs") for decades for a host of reasons.
    United StatesInsurance
    Squire Patton Boggs LLP
    Squire Patton Boggs LLP
  • Article

    NAIC Discusses Best Practices For Restructuring Mechanisms

    Insurers with legacy blocks of business, or with other motivations to enter into block transfers of business or corporate split-offs, should consider a recent regulator call on so-called Insurance
    United StatesInsurance
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    New York Court Of Appeals Holds There Is No Presumption Of Expense-Inclusive Caps In Liability Limit Clauses In Facultative Reinsurance Certificates

    The New York Court of Appeals recently answered in the negative a question certified to it by the U.S. Court of Appeals for the Second Circuit regarding prior precedent and whether per occurrence liability limits ...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    New York Decision on Common Interest Doctrine Suggests Caution in Sharing Attorney-Client Communications

    On June 9, the New York Court of Appeals issued a decision on the attorney-client privilege and "common interest doctrine," which is an exception to the general rule that parties waive the attorney-client privilege by sharing protected communications with third parties.
    United StatesInsurance
    Day Pitney LLP
    Day Pitney LLP
  • Article

    Policyholders with Long-Tail Claims Under Liberty Mutual Policies Should Be Prepared for 'Sea Change' in Claims Handling After Berkshire Hathaway Deals

    On July 17, 2014, Liberty Mutual Insurance Company announced that it had entered into a multi-billion-dollar "retroactive reinsurance" arrangement with National Indemnity Company ("NICO"), a subsidiary of Berkshire Hathaway, Inc., with respect to asbestos, environmental, and other "long tail" exposures under all insurance and reinsurance in effect prior to January 1, 2005.
    United StatesInsurance
    Reed Smith
    Reed Smith
  • Article

    Reverse Preemption Is Alive And Well In Washington State

    Most reinsurance contracts have binding arbitration provisions. The Federal Arbitration Act (FAA) sets out a national policy in favor of arbitration.
    United StatesInsurance
    Squire Patton Boggs LLP
    Squire Patton Boggs LLP
  • Article

    U.S. Third Circuit Court Of Appeals Holds Late Notice Denies Reinsurance Recovery

    A disappointed ceding carrier is seeking reconsideration of a recent Third Circuit Court of Appeals case in which the court applied New York law to deny reinsurance coverage because of late notice.
    United StatesInsurance
    Duane Morris LLP
    Duane Morris LLP
  • Article

    Maintaining The Confidentiality Of Arbitration Awards When Petitioning Courts For Relief – ARIAS U.S. Quarterly

    Partner Amy Kallal and Special Counsel Andrea Fort discuss recent cases involving the efforts to obtain access to arbitration awards which are filed as part of petitions to confirm or vacate.
    United StatesLitigation, Mediation & Arbitration
    Mound Cotton Wollan & Greengrass
    Mound Cotton Wollan & Greengrass
  • Article

    You Can Always Get What You Want, Or At Least What You Contract For – Fifth Circuit Affirms Vacation Of Arbitration Award

    On April 7, 2015, the Fifth Circuit affirmed the Southern District of Texas' decision to vacate an arbitration award rendered in a dispute involving two separate contracts...
    United StatesLitigation, Mediation & Arbitration
    Butler Snow LLP
    Butler Snow LLP
  • Article

    New York Court Of Appeals Holds That The New York Antitrust Law Does Not Have Extra - Territorial Reach, Requiring The Dismissal Of Reinsurer Antitrust Action

    On March 27, the New York Court of Appeals (New York’s highest state court), held that the state’s antitrust law does not have extraterritorial reach in Global Reinsurance Corp. v. Equitas Ltd.
    United StatesAntitrust/Competition Law
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    Court Compels Arbitration, Rejecting Claim That Contract Is Void For Lack Of Mutual Assent

    A New York court compelled the arbitration of a claim under a reinsurance agreement, rejecting the plaintiff reinsurer's claim that the reinsurance policy is void because the reinsured issued an underlying insurance policy which did not comply with the requirements stated in the reinsurance contract. In doing so, the court held that the plaintiff raised an issue of the interpretation of the reinsurance contract, rather than the formation of the contract.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    It's Not Over Until It Is Over

    In reinsurance arbitrations, once the arbitration panel issues its final award its job is over.
    United StatesInsurance
    Squire Patton Boggs LLP
    Squire Patton Boggs LLP
  • Article

    Reinsurance In The Time Of COVID-19 – Part 3

    In part 3 of our blog series on reinsurance issues arising from COVID-19, we consider the implications of "reopening" the economy on reinsurance exposure.
    United StatesInsurance
    Cooley LLP
    Cooley LLP
  • Article

    Tips On The Use Of Experts In Insurance Coverage Litigation

    The use of experts in coverage litigation shares a lot of commonalities with that in other types of litigation, but also has its own unique issues of which practitioners need to be mindful.
    United StatesInsurance
    Jenner & Block LLP
    Jenner & Block LLP
  • Article

    United States Insurance & Reinsurance-Country Comparative Guides

    In The Legal 500's 2024 Country Comparative Guides, Mayer Brown lawyers Vikram Sidhu, Larry Hamilton, Jared Wilner, and Yuliya Feldman authored a section...
    United StatesInsurance
    Mayer Brown
    Mayer Brown
  • Article

    US NAIC Summer 2024 National Meeting Highlights

    The US National Association of Insurance Commissioners ("NAIC") held its National Summer Meeting from August 12 -15, 2024 in Chicago. In a series of articles, members of our Insurance Industry Group provide meeting...
    United StatesInsurance
    Mayer Brown
    Mayer Brown
  • Showing 221–240 of 583 results

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