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  • Article

    Applied Underwriters, Inc., Loses Argument To Enforce Mandatory Forum Selection Clause In Reinsurance Contract

    On September 12, the District Court for Connecticut denied a motion to transfer predicated on a mandatory forum selection clause in a reinsurance contract.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Arbitration Clause In Body Of Reinsurance Agreement Governs Over Provision In Endorsement

    First Mutual, the insurance arm of New York's Metropolitan Transit Authority, sought to resolve its claims against Infrassure arising from damage caused by Superstorm Sandy in a London arbitration.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
Article

California Supreme Court Finds Waiver Of Statutory Remedy In Arbitration Agreement Contrary To Public Policy

"Agreements to arbitrate claims for public injunctive relief under [California's Consumers Legal Remedy Act or Unfair Competition Law], or the false advertising law are not enforceable in California."
United StatesInsurance
Carlton Fields
Carlton Fields
  • Article

    Connecticut Issues Bulletins Regarding Financial Reporting Requirements For Surplus Lines Insurers And Accredited Reinsurers

    The Connecticut Insurance Department has issued two bulletins addressing 2016 and 2017 financial reporting requirements for foreign eligible surplus lines insurers and accredited reinsurers.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Court Applies The "Look Through" Approach To FAA Section 10 Petitions In Determining Subject Matter Jurisdiction

    Plaintiffs, members of the Harman family, sold their family farm and sought investment advice from defendant Wilson-Davis.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Court Approves Direct Payment Of Reinsurance To Insured In Reliance Insurance Company Liquidation

    The court handling the liquidation of Reliance Insurance Company has approved an application for the direct payment of reinsurance proceeds...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Court Confirms Arbitration Award, Rejecting Claim That Arbitrator Exceeded His Powers And Ignored The Law

    A court has confirmed an arbitration award of more than $8 million in damages, attorneys' fees and costs against Sirona Dental Systems, Inc. and Arges Imaging Inc....
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Court Denies Reinsurer's Motion For Judgment On The Pleadings Where Complaint Alleged Retaliatory Conduct During Applicable Policy Period

    Applying Washington state law, the United States District Court for the Western District of Washington has denied a reinsurer's motion for judgment on the pleadings where, although alleged sexual assaults occurred before its reinsurance contracts and the reinsured direct policies incepted.
    United StatesInsurance
    Wiley Rein
    Wiley Rein
  • Article

    District Court Find No Federal Question Jurisdiction In Action Challenging Arbitration Award Based On Arbitrator Bias

    The district court began with the question of it jurisdiction over the matter, repeating the well-established rule that the Federal Arbitration Act does not create an independent basis for jurisdiction in federal court.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Fifth Circuit Affirms Denial Of Motion To Compel Arbitration Against Non-Signatory To Arbitration Agreement

    The appeal arose from a consolidated case, originally three separate class actions, resulting from the alleged underfunding of Singing River Health System's pension plan and KPMG's alleged failure to detect that underfunding due to allegedly faulty auditing.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Following New York High Court's Answer To Certified Question, Second Circuit Remands Reinsurance Dispute To District Court

    Given that answer, the Second Circuit remanded the case to the district court to interpret, in the first instance, the reinsurance contracts terms as they relate to liability caps.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Magistrate Judge Recommends Denying Application For $305m Reinsurance Judgment

    In doing so, however, the magistrate also recommended denying the insurers' application for an additional $305 million reflecting payments made under reinsurance contracts.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    New York's First Department Upholds Fraud Claim Involving Alleged Sham Reinsurance Scheme

    Plaintiff, the alleged target of the conspiracy, had standing to bring the fraud claim, as it sought recovery for damages for the theft of its assets.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    New York Federal Court Awards Damages For Reinsurance Payments In Lawsuit Against Iran Related To September 11 Attacks

    The Southern District of New York recently granted a motion for damages by insurance plaintiffs in a multidistrict litigation case against Iran stemming from the September 11, 2001 terrorist attacks
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Ninth Circuit Affirms Orders Denying Arbitration In Two Class Action Lawsuits Against Samsung

    The Ninth Circuit issued two similar opinions arising out of Samsung's appeals of orders denying arbitration in two putative class actions filed against it.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Ninth Circuit Finds Foreign Bank Did Not Waive Personal Jurisdiction By Litigating Other Defenses And Counterclaims In A Related Matter

    The Ninth Circuit recently reversed a California District Court's finding of personal jurisdiction against a foreign bank, and found it did not waive appeal on that issue by asserting defenses.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Ninth Circuit Upholds Denial Of Judgment Creditor's Request For Rescission Of Quota-Share Reinsurance Agreement

    Defendant National Farm Financial Corp. agreed to sell Business Alliance Insurance Co. (BAIC) to PSM Holding Corp. After National Farm walked away from the deal...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Northern District Of Illinois Dismisses Lawsuit Involving Reinsurance For Private Mortgage Insurance

    In a lawsuit filed by the Rehabilitator for a private mortgage insurance provider, the District Court found that the causes of action either failed to meet the Iqbal pleading standard, contained implausible allegations, or was barred by the protection of RESPA's "safe harbor" provision and its four year statute of limitations.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    NY Highest Court Asked Certified Question On Reinsurer Liability Cap

    The Second Circuit certified to the New York Court of Appeals the question of whether its 2004 decision imposed "either a rule of construction, or a strong presumption...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Reinsurer Obtains Summary Judgment In Suit By Annuity Issuer

    Capitol Life Insurance Co. partially prevailed, and partially failed, its effort to overturn unfavorable grants of summary judgment in a recent dispute regarding an annuity policy written by Capitol.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Showing 81–100 of 583 results

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