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Results: 11-20 of 22

State insurance law that precludes arbitration preempted in favor of the FAA under the Liability Risk Retention Act

  • Jorden Burt LLP
  • -
  • USA
  • -
  • November 7 2011

A court recently compelled arbitration in a dispute between an insured and an insurer-risk retention group, concluding that the McCarren-Ferguson Act did not mandate the enforcement of a state anti-arbitration law over the FAA and broad arbitration agreements between the parties

Counsel disqualified for obtaining and concealing possession of internal arbitration panel communications

  • Jorden Burt LLP
  • -
  • USA
  • -
  • November 1 2011

On May 25, 2011, we reported on the denial of Northwestern National Insurance Co.’s petition to appoint a replacement arbitrator after opponent INSCO’s appointed arbitrator resigned in protest to perceived partiality by Northwestern’s appointee

Arbitration denied where proponent lacked “sufficiently close” relationship to arbitration agreement

  • Jorden Burt LLP
  • -
  • USA
  • -
  • September 22 2011

Arbitration was denied in a putative class action lawsuit for alleged violations of the Fair Debt Collection Practices Act brought by two cell phone users against Collecto Inc., a collection agency contracted by Verizon and AT&T

Court compels arbitration under U.S. Supreme Court’s recent concepcion decision, addressing interplay with Stolt-Nielsen

  • Jorden Burt LLP
  • -
  • USA
  • -
  • July 26 2011

A court has recently compelled arbitration in a pending putative class action lawsuit, based on the U.S. Supreme Court’s AT&T Mobility LLC v. Concepcion decision

Counsel permitted to represent former client’s adversary despite awareness of former client’s “predilections” on the selection of an arbitrator

  • Jorden Burt LLP
  • -
  • USA
  • -
  • June 3 2011

In an action by a former client to disqualify its former attorney from representing an adversary in an impending reinsurance arbitration, disqualification was denied because the two matters were "neither the same nor substantially similar."

Stay of premature arbitration did not render subsequent proceedings or award void

  • Jorden Burt LLP
  • -
  • USA
  • -
  • February 24 2011

Where a court of appeals reversed a lower court's order compelling arbitration, and mandated a stay of ongoing arbitration proceedings, the proceedings conducted in arbitration both before and after the institution of the stay were not void

Second Circuit affirms that insurer need not provide a defense and indemnity in arbitrations

  • Jorden Burt LLP
  • -
  • USA
  • -
  • December 30 2010

In a summary order by the Second Circuit Court of Appeals, the Court affirmed the lower court's summary judgment that found that a professional liability insurer was not required to defend and indemnify its insured for certain ongoing arbitration proceedings in which the insured was a defendant

Second Circuit affirms waiver of removal based on service of suit provision in reinsurance treaty

  • Jorden Burt LLP
  • -
  • USA
  • -
  • December 14 2010

In two prior posts (December 8, 2009 and February 11, 2010), we reported on Dinallo v Dunav Ins. Co., a case between a liquidator of an insurance company and the company’s reinsurer, Dunav Re

Federal court compels arbitration and stays action under federal law despite state law prohibiting arbitration of insurance disputes

  • Jorden Burt LLP
  • -
  • USA
  • -
  • November 11 2010

In an action for breach of an insurance policy and the tort of bad faith, the Western District of Arkansas recently compelled arbitration and stayed the action

Ninth Circuit affirms attorney’s fee award for arbitration, confirmation, and collection, but not for litigation with reinsurers

  • Jorden Burt LLP
  • -
  • USA
  • -
  • October 25 2010

In a dispute between providers of payroll services ("payroll providers") and the reinsurers of a movie, the Ninth Circuit, which previously held that the reinsurers were liable for the obligations of the movie's producers, affirmed an award of attorney's fees that were incurred in an arbitration between the payroll providers and the movie producers, and in the payroll providers' related efforts to confirm and collect the arbitration award