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Appeal dismissed in Northwestern NationalInsco reinsurance dispute

Jorden Burt LLP
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USA
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December 11 2012

The Second Circuit has dismissed an appeal arising from a reinsurance dispute between Northwestern National Insurance Company and Insco, Ltd

Court compels arbitration, calling unconscionability an issue for the arbitrator

Jorden Burt LLP
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USA
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August 30 2012

Applying California law and the Federal Arbitration Act, a federal district court ruled that Senior Services of Palm Beach must arbitrate its claims against ABCSP, Inc., a franchising company, pursuant to the arbitration clause of the parties’ franchise agreement

Parties agree to dismissal of action after liberty mutual petitions court to appoint arbitrator

Jorden Burt LLP
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USA
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August 28 2012

A lawsuit involving a reinsurance dispute has been voluntarily dismissed so that it may proceed in arbitration

Seek reinsurance with care: the reinsured bears the burden of proving coverage

Jorden Burt LLP
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USA
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August 14 2012

Reiterating that Massachusetts law requires the insured to bear the burden of demonstrating that a claim falls within a policy’s affirmative grant of coverage, the First Circuit affirmed an award of summary judgment to a Canadian reinsurer in an action in diversity brought by an American insurer seeking indemnification of amounts incurred in defending its insured against asbestos-related claims

Court confirms arbitration award despite manifest disregard claims and argument that panel exceeded its authority

Jorden Burt LLP
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USA
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August 13 2012

This petition for vacatur followed the last of three arbitrations between American Centennial Insurance Company, a company with its principal place of business in Delaware, and Global International Reinsurance Company, a Barbados company, pursuant to a reinsurance agreement between the parties

Second Circuit rejects manifest disregard arguments

Jorden Burt LLP
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USA
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July 19 2012

The Second Circuit has summarily affirmed a district court’s denial of a petition to vacate an arbitration award, and granted the cross-petition to confirm

Courts part ways over removability of parens patriae suits under CAFA

Jorden Burt LLP
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USA
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November 21 2011

Two lines of cases bookend the divergent views on whether so-called “parens patriae” lawsuits can be removed to federal court under the Class Action Fairness Act

Ongoing reinsurance dispute survives motion to dismiss

Jorden Burt LLP
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USA
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September 8 2011

A court granted in part and denied in part a motion to dismiss in a case involving the alleged miscalculation and underpayment of amounts owed to plaintiff Lincoln General Insurance Company by defendant U.S. Auto Insurance Services, Inc

FAA trumps state prohibitions against class arbitration waivers

Jorden Burt LLP
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USA
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May 17 2011

In a ruling that may surprise some, the U.S. Supreme Court has held that, because it “stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress,” California’s judicial rule against waivers of class-wide arbitration in consumer contracts is preempted by the Federal Arbitration Act

Class actions in the Supreme Court: important decisions imminent

Jorden Burt LLP
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USA
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March 30 2011

Four cases pending in the United States Supreme Court could change the rules relating to how class actions are treated in federal courts

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