We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 22

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

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

State law requiring “jurisdiction of action” in courts for insurance disputes rendered arbitration clause void

  • Jorden Burt LLP
  • -
  • USA
  • -
  • January 28 2013

The Washington Supreme Court affirmed the denial of a motion to compel arbitration in an insurance dispute, based on a state statute that prohibits

Confidential arbitration award against AXA Re confirmed without opposition

  • Jorden Burt LLP
  • -
  • USA
  • -
  • February 9 2012

A court recently confirmed an arbitration award against AXA Re in a reinsurance dispute involving reinsurance contracts entered into by predecessor companies in the 1970s

Federal judge confirms reinsurance arbitration award

  • Jorden Burt LLP
  • -
  • USA
  • -
  • August 5 2010

After arbitration between insurers Praetorian Insurance Co. (fka Insurance Corporation of Hannover) and Clarendon Insurance Group Inc., and their reinsurer, American Constantine Insurance Co., the U.S. District Court for the Southern District of New York granted an unopposed petition to confirm the $7 million arbitration award

Court refuses to seal from public record arbitration award related to reinsurance of airlines involved in 911 attacks

  • Jorden Burt LLP
  • -
  • USA
  • -
  • October 24 2012

The court granted an unopposed petition to confirm an arbitration award that found that the 911 attacks on the World Trade center should be deemed one “event” for purposes of liability under aviation reinsurance contracts

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

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

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

Court confirms reinsurance arbitration orders over timeliness and finality concerns; refuses to strike confidential facts in petition

  • Jorden Burt LLP
  • -
  • USA
  • -
  • February 7 2012

A court has granted two unopposed petitions to confirm two arbitration orders under the New York Convention, in what was a dispute over documentation requirements of a forty-year old asbestos claims reinsurance agreement between Century Indemnity Company and certain London market reinsurers (LMRs