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  • Article

    Arbitration Award Against HGTV Designer Confirmed Due To Failure To Raise Fairness Objections During Arbitration

    The case involved an award in excess of $800,000 against a home designer and some affiliated companies for a renovation project that went bad.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    UK Court Refuses To Remove Arbitrator For Alleged Bias

    A court in the United Kingdom refused to remove an arbitrator for perceived bias where the arbitrator was appointed to arbitrate multiple disputes arising from the same underlying incident triggering insurance coverage.
    United KingdomInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Congress Disapproves The CFPB's Anti-Class Action Arbitration Waiver Rule

    President Trump's approval of the joint resolution will prevent the implementation of the rule.
    United StatesAntitrust/Competition Law
    Carlton Fields
    Carlton Fields
  • Article

    Chief Compliance Officers Beware

    In the Matter of Windsor Street Capital, L.P., initiated in January of this year, is a case in point.
    United StatesCorporate/Commercial Law
    Carlton Fields
    Carlton Fields
  • Article

    DOL Announces New Enforcement Policy on BIC Arbitration Limitation Class Actions

    In order for fiduciaries to receive compensation that varies based on their investment advice (e.g., commissions) or from third parties in connection with their advice (e.g., revenue sharing), they must comply with a prohibited transaction exemption.
    United StatesEmployment and HR
    Carlton Fields
    Carlton Fields
  • Article

    Fifth Circuit Vacates DOL Fiduciary Rule

    On March 15, the Fifth Circuit, in Chamber of Commerce, et. al. v. United States Department of Labor, a 46-page opinion, reversed the district court's ruling upholding the DOL fiduciary rule and vacated the rule.
    United StatesFinance and Banking
    Carlton Fields
    Carlton Fields
  • Article

    The Aftermath of the Hurricane: Emergency Preparedness Rules

    CMS' 2016 final Emergency Preparedness Rule requires Medicare and Medicaid participating providers and suppliers to plan for natural and man-made disasters in collaboration with federal, state, regional and local emergency preparedness organizations.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Carlton Fields
    Carlton Fields
  • Article

    Alabama Federal Court Finds Cedent Did Not Waive Arbitration, And Orders Reinsurance Dispute To Be Arbitrated

    Alabama Municipal Insurance Corp. ("AMIC"), an Alabama non-profit public insurer, brought suit in Alabama federal court against Munich Reinsurance America Inc. ("Munich Re"), alleging breach of a reinsurance contract for failing to fully reimburse a settlement of flood claims asserted against an insured city.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Appellate Court Precludes Assignee Of Reinsurance Claims From Re-Litigating Lack Of Entitlement To Arbitration

    In 1986, Pine Top Insurance Company became insolvent and was placed into liquidation.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Arbitration Clause Contained Only In "Side" Agreements To Insurance Policies, Enforced In Dispute Over "Retrospective Premiums"

    A U.S. District Court for the Southern District of New York recently enjoined AMD from proceeding with litigation in California against NUFIC related to a dispute over premiums under workers compensation insurance policies.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Commutation, Settlement, And Release Agreement Of The Home Insurance Company Approved

    A New Hampshire court has approved the commutation, settlement, and release agreement between The Home Insurance Company (in Liquidation) and Providence Washington Insurance Company (PWIC)...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Cost of Insurance Litigation Review

    Additional clues will be revealed when motions pending in a string of other cases are decided.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Court Affirms Dismissal Of Cedent's Claims Asserting Reinsurance Premium Fraud Scheme, Based On Expiration Of Limitations Period

    The appellant (Guarantee Trust) had forwarded reinsurance premiums to the reinsurer to be held in a custodial account for the payment of claims.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Court Favors Candidate's Experience In Selecting Umpire For Insurance Arbitration

    The court was petitioned to appoint an umpire when the arbitrators appointed by the litigants – an insurer and certain insureds – failed to do so.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Court Finds California Insurance Code Section 11658.5 Reverse-Preempts Section 4 Of The FAA

    With regard to claims related to the Post-July 2012 policies, the Court denied National Union's motion to compel arbitration.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Court Finds That Reinsurance Transaction Did Not Breach Investment Contract Underlying An Erisa Plan

    MetLife acquired the rights to a fixed investment option contract with Midco, a trust established to administer a retirement plan for the employees of Midco International, Inc. Midco plan participants received interest each year pursuant to a "declared rate" which would be determined at MetLife's discretion "from time to time."
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Court Holds Alleged Industry Bias Among Arbitrators Insufficient To Vacate Award

    The case concerned two purchase orders whereby defendant BJB LLC dba Agri Trading (Agri Trading) agreed to purchase corn oil from plaintiff Hardy Industrial Technologies, Inc. (Hardy).
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Court Refuses To Compel Production Of Cedent's Documents To Reinsurer When Extent Of Cedent's Obligation To Provide Documents Is At Center Of The Litigation

    A court has denied a motion to reconsider its decision denying a reinsurer's (Century Indemnity Co.) motion to compel an insurer (Travelers Casualty and Surety Company) to produce certain documents...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Georgia Joins Growing List Of States That Allow For Domestic Surplus Lines Insurers

    Earlier this month, Georgia enacted SB 381, which provides that a non-admitted insurer domiciled in Georgia is deemed a domestic surplus lines insurer ...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Insurance Broker Must, At Its Own Expense, Produce Documents Requested By Subpoena Issued In Dispute Between Workers' Compensation Insurer And Its Insureds

    A district judge in the Eastern District of California has ordered a third-party insurance broker to comply with a subpoena from defendants seeking documents related to that broker's sale of
    United StatesInsurance
    Carlton Fields
    Carlton Fields

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