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Results: 1-10 of 27

Massachusetts federal court addresses manifest disregard of the law standard, finds that panel’s decision to limit discovery and witness testimony did not provide a basis to vacate award

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • January 21 2011

In OneBeacon America Insurance Co. v. Swiss Reinsurance America Corporation, 09-CV-11495-PBS (D.Mass. December 23, 2010), a motion was brought by petitioner OneBeacon to vacate an arbitration award on the basis that the arbitrators were guilty of misconduct for refusing to permit necessary discovery and hear certain evidence

U.S. Supreme Court refuses to hear dispute concerning preemptive effect of New York Convention on state law barring arbitration

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 29 2010

In a case we have been following on www.insurereinsure.com, Louisiana Safety Association of Timbermen Self Insured Fund v. Certain Underwriters at Lloyd’s, London, the U.S. Supreme Court declined to grant certiorari to hear a dispute between an insurance pool and its reinsurer concerning whether the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention") preempts a Louisiana statute that bars enforcement of arbitration agreements in insurance or reinsurance contracts

Third Circuit affirms district court’s vacatur of arbitration award, finding that the panel exceeded its powers by awarding relief not sought by either party

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • November 18 2010

The U.S. Court of Appeals for the Third Circuit recently affirmed a District Court’s vacatur of an arbitration award because the arbitration panel exceeded its authority in ordering relief not sought by either of the parties and removing from the parties’ reinsurance agreement a material provision

Fifth Circuit compels arbitration, holding that parties clearly intended arbitrator to decide issues of arbitrability

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • October 22 2010

Plaintiffs purchased disability insurance from First American National, which later became known as defendant Regions Bank ("Regions"

Cedent contends that US Supreme Court should resolve circuit split concerning whether convention preempts state law precluding arbitration

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • October 14 2010

In a case we have been following on www.insurereinsure.com (click here for our most recent post), the Louisiana Safety Association of Timberman-Self Insurers Fund ("LSAT") recently filed a supplemental brief petitioning the U.S. Supreme Court to grant certiorari to address whether the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "Convention") preempts a Louisiana Statute that bars enforcement of arbitration agreements in insurance or reinsurance contracts

Third Circuit rules that clear and unambiguous intent is required to opt out of the removal provision and vacatur standards of the FAA and convention

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • October 4 2010

A recent decision of the Third Circuit Court of Appeals, Ario, Insurance Commissioner of the Commonwealth of Pennsylvania, in his official capacity as the statutory liquidator of Legion Insurance Company (in liquidation) v. The Underwriting Members of Syndicate 53 at Lloyd’s for the 1998 Year of Account, No. 09-1921, 09-2989 and 09-2991 (3d Cir. 2010), involved a dispute between the Liquidator of Legion and Villanova, as cedents, and The Underwriting Members of Syndicate 53 at Lloyd’s for the 1998 Year of Account, as reinsurers, which concerned whether the cedents had properly underwrote the business described in the reinsurance placement materials

Federal court denies insured’s motion to vacate arbitration award: finds that reinsurer was not indispensable party to dispute, arbitrators had authority to award attorneys’ fees, and manifest disregard of the law is no longer viable

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 28 2010

Plaintiffs sued their insurer, Northbrook Indemnity Company, which removed the case to federal court and moved to compel arbitration

United States Solicitor General: the convention is not preempted by the McCarran-Ferguson Act

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 24 2010

As our readers know, we have been following the developments in Louisiana Safety Association of Timbermen Self Insured Fund v. Certain Underwriters at Lloyd’s, London, et al., No. 09 945, a case under consideration for certiorari by the U.S. Supreme Court that concerns whether Article II of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, as implemented by Chapter 2 of the Federal Arbitration Act (the “FAA”), is an “Act of Congress” subject to the anti preemption provision of the McCarran Ferguson Act, 15 U.S.C. 1011, et seq

New York federal court refuses to appoint umpire, finding that arbitration clause provided sufficient mechanism

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 20 2010

A dispute arose between Certain Underwriters at Lloyd’s London and R.A. Wilson & Associates, Ltd concerning an insurance policy

Second Circuit finds that reinsurer’s fraud claims are not arbitrable, but reverses district court’s judgment and holds that those claims are time-barred, relieving cedents of liability

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 1 2010

Defendants, certain ceding companies, appealed a judgment from the U.S. District Court for the Southern District of New York holding them liable for fraudulently inducing the plaintiff reinsurer to enter into two reinsurance facilities