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Insurance Industry Insurance Litigation Arbitration Awards

BCLP

English Court Decides COVID-19 is a “Catastrophe”

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The English Court has, for the first time, considered the meaning of a “catastrophe”, as well as how Hours Clauses work in the context of non-damage business interruption losses claimed under two Property Catastrophe Excess...more

Wiley Rein LLP

Arbitration Award for Amounts Owed Under Separation Agreement Not Covered Loss

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In a win for Wiley’s client, the United States Court of Appeals for the Ninth Circuit, applying California law, held that no coverage was available for an arbitration award awarding amounts owed under a CEO’s separation...more

Wiley Rein LLP

Fraud Exclusion, California Insurance Code Section 533 Preclude Coverage for Arbitration Award

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A California federal court, applying California law, has held that an employment liability policy does not provide coverage for a judgment against the insured following an arbitrator’s finding of fraud....more

Carlton Fields

Seventh Circuit Rejects Third-Party Administrator’s Attempt to Avoid Multimillion-Dollar Arbitration Award

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Standard Security Life Insurance Company of New York and Madison National Life Insurance Co. entered into an administrative services agreement with FCE Benefit Administrators Inc. under which FCE administered insurance...more

Locke Lord LLP

It’s Not Over … Until The Panel Sings

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A federal court in New York recently held that an arbitration panel retained the right to resolve any dispute arising out of an arbitration award. In Chicago Insurance Company v. General Reinsurance Corporation et al., no....more

Carlton Fields

New York Federal Court Confirms Arbitration Award In Credit Insurance Dispute Over Material Misrepresentations Based, In Part, On...

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The Southern District of New York federal confirmed an arbitral award related to a credit insurance policy claim over claims of manifest disregard of the law related to the materiality of misrepresentations in the insurance...more

Troutman Pepper

Fifth Circuit Holds Settlement Proceeds Received by General Contractor From Subcontractors Constitute “Other Insurance” Which...

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Satterfield & Pontikes Constr., Inc. v. United States Fire Ins. Co., 2018 U.S. App. LEXIS 21488 (5th Cir. Aug. 2, 2018) - This case arises out of an excess insurance provider’s refusal to cover damages incurred by the...more

Carlton Fields

Court Construes Reinsurance Participation Agreement, Rejects Venue Objection, and Confirms Arbitration Award

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O’Connell Landscape Maintenance, Inc. (O’Connell) and Applied Underwriters Captive Risk Assurance Co. (AUCRA) entered into a reinsurance participation agreement (RPA)....more

Carlton Fields

Second Circuit Joins Sister Circuits in Holding Party-Appointed Arbitrators Not Subject to Same Disclosure Requirements as Neutral...

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The Second Circuit recently held that parties seeking to vacate awards under Federal Arbitration Act Section 10(a)(2) must satisfy a higher burden in showing evident partiality by a party-appointed arbitrator. ...more

Carlton Fields

Decade-Long Battle Between Policyholder, Reinsurer, And Retrocessionaire To Continue As Reinsurer Files Notice Of Appeal

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A Brazilian mining and steelmaking company (Companhia Siderurgica Nacional, S.A. (“CSN”)), a Brazilian insurance company (IRB Brazil Resseguros, S.A. (“IRB”)), and an American insurance company (National Indemnity Company...more

Carlton Fields

Court Vacates Arbitration Award In Crop Insurance Dispute That Awarded Remedies Preempted By Federal Law

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The plaintiff, a farming company, demanded arbitration against Diversified Crop Insurance Services over the nonpayment of federally reinsured claims....more

Carlton Fields

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

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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...more

Robinson+Cole Property Insurance Coverage...

Connecticut Supreme Court Reaffirms Court’s Limited Power To Review Appraisal Awards

The Connecticut Supreme Court recently handed down an important decision reiterating the high bar to overturning arbitration awards while, at the same time, clarifying a portion of the applicable statute providing for...more

Carlton Fields

Court Confirms Interim Arbitration Award Requiring Posting Of Pre-Hearing Security

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Respondent moved for an immediate stay of an arbitration of claims relating to the purchase of insurance and to vacate the panel’s interim award requiring the posting of pre-hearing security.  Petitioner moved to confirm the...more

Carlton Fields

Court Vacates Arbitration Award For Arbitrator’s Evident Partiality

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A New York Court vacated an arbitration award, finding that a party appointed arbitrator’s undisclosed relationships with the appointing party amounted to a relatively infrequent instance in which such nondisclosure...more

Dickinson Wright

Michigan Supreme Court Holds That an Insurer’s Untimely Payment of Underinsured Motorist Benefits is Subject To Penalty Interest...

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The Michigan Uniform Trade Practices Act (UTPA) provides for 12% penalty interest on certain no-fault insurance claims that are not timely paid by the insurer. For “third party tort claimants,” penalty interest only applies...more

Carlton Fields

Recipient Of Arbitration Award In Reinsurance Dispute Permitted Discovery Of Funds Withheld Account

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Plaintiffs secured an interim arbitration award in the amount of $7.8 million, plus interest, in what the court described as a complex insurance/reinsurance program. Seeking to collect on the award, plaintiffs served a...more

Carlton Fields

UK Court Considers Whether Later Conduct Stemming From A Loss Event Should Be Considered A Loss Under An Excess Of Loss...

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This case considers an appeal against an arbitration award concerning whether health claims from persons involved in cleaning up the 9/11 World Trade Center site should be considered to be multiple claims or should be...more

Carlton Fields

District Of Arizona Awards Broad Fee Award Where There Were Competing Motions To Confirm Arbitral Award

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On March 31, 2016, we wrote regarding an arbitration confirmation fight between the Scottsdale Insurance Company (“Scottsdale”) and the John Deere Insurance Company (“John Deere”) in a reinsurance dispute relating to whether...more

Carlton Fields

Arbitration Provision Enforced Against Non-Signatory Insurer

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The court confirmed an award in favor of two affiliated power supplier companies (“Alstom”), against the subrogated insurer of one of their corporate customers damaged in an accident involving Alstom’s equipment. Alstom and...more

Carlton Fields

Arbitration Award Confirmed In Quota Share Reinsurance Dispute

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An arbitration award to Petitioner, Employers Insurance of Wausau A Mural Company (“Wausau”), has been confirmed after Respondents withdrew their prior objections. The dispute arose over payment obligations stemming from a...more

Carlton Fields

Court Addresses Honorable Engagement Provision In Arbitration Clause

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In First State Insurance Company v. National Cas. Co., 2015 WL 1263147, No. 14-1644 (1st Cir. March 20, 2015), the U.S. Court of Appeals for the 1st Circuit (the “Court of Appeals”) affirmed the lower court’s refusal to...more

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